South Africa Case Law

Du Toit and Another v Kruger N.O and Others (18777/23)

Du Toit and Another v Kruger N.O and Others (18777/23) [2024] ZAWCHC 281 (26 September 2024)

Court

Western Cape High Court, Cape Town

Case number

18777/23

Judge

Nziweni

The court found that clause 4.1.1 of the testator's will expressly granted the executor absolute and unfettered discretion to sell or lease the immovable properties and to determine the price, with the executor's decision being final and not reviewable. This constituted a clear contrary intention as contemplated by section 47 of the Administration of Estates Act. The statutory requirement for heirs' consent or Master's approval does not apply where the will provides otherwise. The sale agreement entered into by the erstwhile executor was valid and enforceable, and the respondents, as current…

Source excerpt

• Executor Discretion
• Sale Of Estate Property
• Administration Of Estates Act
• Freedom Of Testation
• Transfer Of Immovable Property

Daffue NO v Master of the High Court, Free State High Court, Bloemfontein and Others (2479/2019)

Daffue NO v Master of the High Court, Free State High Court, Bloemfontein and Others (2479/2019) [2020] ZAFSHC 185 (5 November 2020)

Court

Free State High Court, Bloemfontein

Case number

2479/2019

Judges

N.M. MBHELE, C. VAN ZYL

The High Court reviewed the Master’s refusal to issue a section 42(2) certificate for transfer of estate property, and directed further heir approval steps.

• Administration Of Estates Act
• Executor Discretion
• Sale Of Estate Property
• Heir Approval
• Valuation Of Property
• Administration-of-estates

Daffue NO v Master of the High Court, Free State High Court, Bloemfontein and Others (2479/2019)

Daffue NO v Master of the High Court, Free State High Court, Bloemfontein and Others (2479/2019) [2020] ZAFSHC 189 (5 November 2020)

Court

Free State High Court, Bloemfontein

Case number

2479/2019

Judges

N.M. MBHELE, C. VAN ZYL

The High Court reviewed the Master’s refusal to issue a section 42(2) certificate for transfer of estate property, and directed further approval steps under the estate sale provisions.

• Administration Of Estates Act
• Executor Discretion
• Sale Of Immovable Property
• Heir Approval
• Section 42 Certificate
• Administration-of-estates-act