South Africa Case Law

Anderson and Another v Du Plessis N.O and Others (12863/2024)

Anderson and Another v Du Plessis N.O and Others (12863/2024) [2025] ZAWCHC 243 (5 June 2025)

Court

Western Cape High Court, Cape Town

Case number

12863/2024

Judge

Slingers

The court found that the joint will executed by Harold John Anderson and Karin Renate Anderson was valid and binding in South Africa, as it complied with the requirements of the German Civil Code and section 3bis of the Wills Act. Massing and adiation occurred upon KRA's death, and HJA's acceptance of benefits under the joint will rendered his election irrevocable. Consequently, HJA was precluded from altering the disposition of the massed estate by subsequent wills. The respondents did not dispute the occurrence of massing and adiation or that the massed estate formed part of HJA's South Afr…

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• Wills And Testamentary Dispositions
• Massing And Adiation
• Foreign Wills Recognition
• Administration Of Estates Act
• Succession Formalities
• Executor Appointment

Malatsi v Dikotla N.O and Others (066391/2025)

Malatsi v Dikotla N.O and Others (066391/2025) [2025] ZAGPJHC 524 (23 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

066391/2025

Judge

Crutchfield

Urgent interim relief to stop administration of a deceased estate was struck off for lack of urgency under Rule 6(12) of the Uniform Rules of Court.

• Urgent Interdict
• Administration Of Estates Act
• Validity Of Will
• Executor Appointment
• Urgent-applications
• Rule-6-12

Mashaba v Master of the High Court and Others (2022-7865)

Mashaba v Master of the High Court and Others (2022-7865) [2025] ZAGPPHC 482 (9 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2022-7865

Judge

HF Oosthuizen

The High Court postponed an urgent dispute over executor appointment and life policy proceeds, pending further affidavits and clarification of the murder investigation.

• Life Insurance Benefits
• Executor Appointment
• Urgent Interdict
• Murder Suspect Exclusion
• De Bloedige Hand Rule
• Executor-appointment

Bhengu v Chamane and Other (18006/2024P)

Bhengu v Chamane and Other (18006/2024P) [2025] ZAKZPHC 48 (7 May 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

18006/2024P

Judge

P C Bezuidenhout

The High Court ordered the Master to appoint an executor within 14 days and directed the Sheriff to preserve estate vehicles pending administration.

• Administration Of Estates Act
• Interim Asset Preservation
• Executor Appointment
• Customary Marriage Dispute
• Interim-asset-preservation
• Executor-appointment

Mntungwa v Maripane and Others (2021/27860)

Mntungwa v Maripane and Others (2021/27860) [2025] ZAGPJHC 170 (18 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/27860

Judge

WJ du Plessis

Leave to appeal was refused in a dispute about the validity of a customary marriage and the court’s intervention in executor appointments.

• Customary Marriage Validity
• Executor Appointment
• Superior Courts Act Section 17
• Procedural Irregularity
• Customary-marriage-validity
• Executor-appointment

Nkwashu v Master of High Court of South Africa and Others (2022/19768)

Nkwashu v Master of High Court of South Africa and Others (2022/19768) [2024] ZAGPJHC 519 (24 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/19768

Judge

Louw H

The court found that the third respondent's appointment as executor was procured by fraud, which vitiates all subsequent transactions, including the sale and transfer of the property. The fraud rendered the executor's appointment null and void, and as a result, the third respondent lacked authority to represent the estate or form the necessary intention to transfer the property. Applying the abstract theory of transfer, the court held that both a real agreement and registration are required for ownership to pass, but where fraud is present, ownership does not pass despite registration. The fo…

Source excerpt

• Fraudulent Transfer Of Property
• Executor Appointment
• Deeds Registry Act
• Abstract Theory Of Transfer
• Bona Fide Purchaser
• Estoppel

Nkosi and Others v Tshitangoni and Others (9767/2018)

Nkosi and Others v Tshitangoni and Others (9767/2018) [2024] ZAGPJHC 484 (15 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

9767/2018

Judge

N.S. Krüger

The High Court postponed an estate-and-property dispute sine die, allowed supplementary affidavits, and reserved costs pending disclosure of key documents.

• Estate Administration
• Setting Aside Transfer
• Executor Appointment
• Fraudulent Transfer
• Estate-administration
• Executor-appointment

Mokoena v Molefe and Others (CIV APP FB 10/2022)

Mokoena v Molefe and Others (CIV APP FB 10/2022) [2023] ZANWHC 116 (7 August 2023)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 10/2022

Judges

Hendricks JP, Petersen J, Khan AJ

Full Court appeal concerning the validity of a will and codicil under the Wills Act, with dispute over deletions, witness attestation, and an alleged forgery.

• Wills Act Formalities
• Testamentary Capacity
• Codicil Amendment
• Executor Appointment
• Wills-act-formalities
• Codicils

Smith v Master of the High Court, Mahikeng and Others (M744/21)

Smith v Master of the High Court, Mahikeng and Others (M744/21) [2023] ZANWHC 113 (26 July 2023)

Court

North West High Court, Mafikeng

Case number

M744/21

Judge

Reddy

High Court matter on section 2(3) of the Wills Act, where a defective will and addenda were accepted as valid because the deceased clearly intended them to be his last will.

• Wills Act Section 2
• Testamentary Intention
• Executor Appointment
• Intestate Succession
• Wills-act-section-2
• Testamentary-intention

Yawa and Others v Tsoeute (A101/2022)

Yawa and Others v Tsoeute (A101/2022) [2023] ZAFSHC 234 (13 June 2023)

Court

Free State High Court, Bloemfontein

Case number

A101/2022

Judges

Mbhele, Berry, Jonase

Appeal dismissed. The court held that a valid customary marriage was proved and that the respondent, as surviving spouse, had preference for executrix appointment.

• Customary Marriage
• Recognition Of Customary Marriages Act
• Executor Appointment
• Administration Of Estates Act
• Community Of Property
• Customary-marriage