South Africa Case Law

Wessels N.O and Others v Janse Van Rensburg N.O and Others (48555/2011)

Wessels N.O and Others v Janse Van Rensburg N.O and Others (48555/2011) [2025] ZAGPPHC 154 (13 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

48555/2011

Judge

N Davis

The court found that the applicants failed to prove that all creditors and liquidators had been paid or that adequate provision had been made for their claims. Significant disputes remain regarding the fees of the erstwhile and current liquidators, as well as levy claims by Mabalingwe Shareblock. The settlement agreement relied upon by the applicants was not signed by all relevant parties and left several substantial claims unresolved, which would require further litigation if the winding-up were set aside. The court held that it is inappropriate for such disputes to be litigated after the te…

Source excerpt

• Winding Up Of Companies
• Liquidator Fees
• Creditor Settlement
• Companies Act Section 354
• Business Rescue
• Distribution Of Estate Assets

Friedman NO v Master of the High Court Polokwane and Others (2464/2017)

Friedman NO v Master of the High Court Polokwane and Others (2464/2017) [2017] ZALMPPHC 37 (14 November 2017)

Court

Limpopo High Court, Polokwane

Case number

2464/2017

Judge

M.G Phatudi

The High Court held that the deceased’s final will revoked earlier wills and a codicil, so the Master was correct to rely only on the latest will.

• Administration Of Estates Act
• Revocation Of Wills
• Executor Duties
• Distribution Of Estate Assets
• Revocation-of-wills
• Administration-of-estates

J J Lazenby t/a Lazenby Transport v Saayman NO (1246/06)

J J Lazenby t/a Lazenby Transport v Saayman NO (1246/06) [2009] ZAFSHC 6 (29 January 2009)

Court

Free State High Court, Bloemfontein

Case number

1246/06

Judge

H.M. Musi

The court dismissed a special plea based on plene administravit, holding that a creditor may sue an executrix who has not been discharged under the Act.

• Administration Of Estates Act
• Plene Administravit Defence
• Cause Of Action Pleading
• Distribution Of Estate Assets
• Administration-of-estates
• Plene-administravit

Greenan (estate Ebbelaar) and Another v Commissioner for Inland Revenue, Greenan (estate Terblanche) and Another v Commissioner for Inland Revenue (537/94, 538/94)

Greenan (estate Ebbelaar) and Another v Commissioner for Inland Revenue, Greenan (estate Terblanche) and Another v Commissioner for Inland Revenue (537/94, 538/94) [1996] ZASCA 53 (24 May 1996)

Court

Supreme Court of Appeal

Case number

537/94, 538/94

Judges

Van Heerden, Hefer, Harms, Scott, Zulman

The court held that an executor was not personally liable under section 19 for estate duty on policy proceeds never under the executor’s control.

• Estate Duty
• Executor Liability
• Distribution Of Estate Assets
• Personal Liability Of Executor
• Estate-duty
• Executor-liability