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South Africa decisions
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Lebelo v First National Bank (Ex tempore) (143809/2024) [2025] ZAGPPHC 527 (20 May 2025)
The court removed an urgent estate-distribution application from the roll because the applicant failed to set out facts showing urgency. No costs order was made.
Mngomezulu v Mngomezulu and Others (26645/2021) [2024] ZAGPJHC 490 (13 May 2024)
The court dismissed an application to set aside a will and property transfer, finding the applicant failed to prove forgery or fraud.
Molepo and Others v Mathobela and Others (3453/2018) [2019] ZALMPPHC 16 (30 April 2019)
High Court held that no valid customary marriage was proved because the bride was never formally handed over, despite lobola negotiations and cohabitation.
De Jager v Barkhuizen (28797/2016) [2017] ZAGPPHC 1196 (8 December 2017)
The High Court granted rescission of a default judgment after finding the applicant gave a reasonable explanation for default, acted in good faith, and had a bona fide defence.
Mdlalana v van der Decken NO and Others (3777/2016) [2016] ZAECGHC 154 (15 November 2016)
The court held that all heirs in the estate have a legal interest in the subject matter of the application, namely the sale and transfer of immovable property forming part of the estate. The sale of the asset to either the applicant or the second respondent would affect each heir's right to their share in the estate. The executor's powers over the assets do not exclude the heirs' direct and substantial interest in the distribution of those assets. The existence of a dispute among the heirs regarding the sale further necessitates their joinder. The court therefore upheld the point in limine of…
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Jakins v Baxter and Another (178/13) [2013] ZASCA 190 (29 November 2013)
The Supreme Court of Appeal held that a life policy funded from pension proceeds fell within an antenuptial contract clause and belonged to the appellant.
Taylor and Others v Taylor and Others (257/11) [2011] ZAECPEHC 48; 2012 (3) SA 219 (ECP) (15 November 2011)
The court found that the language of the 'wish list' was predominantly discretionary, expressing the deceased's wishes for equitable distribution rather than binding instructions to amend his will. The deceased had executed a formal will seven months before his death, demonstrating awareness of the legal formalities required for testamentary effect. There was no evidence that the deceased intended the 'wish list' to have legal force as an amendment, nor that circumstances had changed to prompt such an intention. The court concluded that the applicants failed to establish that the deceased int…
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Volkwyn v Master of the High Court and Others (18716/2009) [2011] ZAWCHC 311 (10 May 2011)
The court dismissed an application to remove an executor and challenge estate administration steps, finding no merit and ordering costs. It also directed steps to finalise the long-running estate dispute.
Brink NO and Another v Van Niekerk and Others (22321/2009) [2011] ZAWCHC 78 (23 March 2011)
The court interpreted Trudiana McOwen’s handwritten will and held that the bequests to the first respondent were sub modo, not unconditional.
Katz v Katz and Another (43899/10) [2011] ZAGPJHC 224 (24 February 2011)
The court found that the applicant was entitled to payment of her inheritance, as the first respondent had no legal basis to withhold it or impose additional requirements. The first respondent's refusal to pay and to deliver the original powers of attorney was unjustified, and his conduct necessitated the application. The applicant was also entitled to a full accounting of the first respondent's actions under the powers of attorney, including all transactions and investments made on her behalf. The law of agency in South Africa provides that the duty to account is a continuing obligation, and…
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