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South Africa decisions
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N.N N.O v Aktash N.O and Another (15817/2020 ; 15818/2020) [2025] ZAWCHC 172 (22 April 2025)
High Court order on estate funds, spousal maintenance, a Capitec withdrawal dispute, and a vehicle claim arising from a deceased estate.
Hariparsad v Hariparsad and Others (2025/27341) [2025] ZAGPJHC 320 (24 March 2025)
The High Court partly granted interim relief in a dispute over a challenged will and company membership changes, but dismissed most of the applicant’s requests.
Mthembu v Ntsako and Others (2024-021190) [2024] ZAGPPHC 259 (25 March 2024)
Urgent interdict granted partly to stop disposal of estate assets and require executors to respond to a customary-law spouse’s claim to the deceased estate.
Ritchie NO v Ritchie NO and Others (75467/15) [2016] ZAGPPHC 1235 (11 November 2016)
The court held that beneficiaries of life policy proceeds were liable for interest on their apportioned estate duty under the Estate Duty Act.
Erasmus v Jacobs and Another (5410/2011) [2012] ZAFSHC 175 (20 September 2012)
Leave to appeal failed in a dispute over removal of an executor. The court found no reasonable prospects of success or proof of misconduct, capacity issues, or prejudice.
John and Another v Persad and Others (6348/07) [2009] ZAKZDHC 12 (6 May 2009)
The court held that the agreement of sale between applicants and first and second respondents was not void ab initio merely because the sellers were not the registered owners. However, specific performance could not be granted because first and second respondents lacked the legal authority and ability to deliver the property, which remained vested in the deceased's estate. The executor (fourth respondent) was not a party to the sale agreement and was under no contractual duty to transfer the property. Furthermore, the estate suffered from a cash deficiency, and the liquidation and distributio…
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Govender v Reddy and Others (360/2000) [2002] ZASCA 21 (27 March 2002)
The Supreme Court of Appeal held that the Provincial Housing Board lacked statutory authority to revoke the allocation of properties to the deceased without valid consent from the estate. The executors' purported consent to the revocation was invalid, as it was manifestly unreasonable and unnecessary for the liquidation of the estate and exposed the estate to substantial claims for damages. The first respondent's interests were sufficiently direct to confer locus standi, both under common law and the Constitution, as his contractual arrangements and expectations were affected by the administr…
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