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D H B v C S B (CCT 293/22) [2024] ZACC 9; 2024 (8) BCLR 1080 (CC); 2024 (5) SA 335 (CC) (22 May 2024)
The Constitutional Court held that, on the pleadings, a prenuptial agreement was an unspecified donation agreement and could co-exist with the antenuptial contract.
De Wet v Master of the Eastern Cape High Court, Grahamstown and Others (3658/2011) [2013] ZAECGHC 13 (21 February 2013)
The court found that the alleged deed of donation did not constitute a valid donation, as the applicant failed to fulfil the condition of undertaking to pay donation tax during the deceased's lifetime, and there was no acceptance of the donation before the donor's death. The Master's decision to dismiss the objection to the liquidation and distribution account was correct, as the bequest in the will was intended to extinguish the applicant's indebtedness to the estate. Although the application was launched one day late and the handling of the matter by the applicant's attorney was flawed, the…
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