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Lentsoane v Mokoena N.O and Others (2024/012066) [2025] ZAGPJHC 251 (7 March 2025)
The High Court ordered an executrix to process a creditor’s claim and lodge the estate account after repeated non-response, and awarded attorney-and-client costs.
Visagie v Bosua N.O and Others (342/2024) [2024] ZAMPMBHC 85 (29 November 2024)
The High Court refused to remove an executor despite delay and statutory non-compliance in administering a deceased estate, finding removal unjustified on the evidence.
Carelse v Stuurman N.O. and Another (17199/2022) [2023] ZAWCHC 193 (13 June 2023)
The court partly upheld objections to a deceased estate L&D account, postponing legal costs for taxation, but disallowing estate-agent commission issues only in part.
Van Den Heever N.O and Another v Poulos N.O and Others (43528/2015) [2023] ZAGPJHC 349 (18 April 2023)
The court found that Nicholas Valasis, through his conduct and correspondence in December 2013, unequivocally accepted (adiated) his inheritance under the will of his late mother, Lulu Valasis. This acceptance was communicated to third parties and formed the basis for contractual undertakings, notably the payment of the arbitrator’s fee. The subsequent written renunciation in April 2014 was ineffective, as the election to adiate is irrevocable once made. The inheritance thus vested in the insolvent estate and must be administered by the trustees for the benefit of creditors. The defendants’ f…
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Williams N.O. v Master of the High Court, Pretoria and Others [2023] ZAGPPHC 212; 035698/22 (20 March 2023)
The court found that the Master's conduct in revoking two addendums and failing to decide on the third addendum to the will was procedurally unfair and unlawful. The Master failed to provide reasons for his decisions despite repeated requests, infringing the applicant's right to just administrative action under PAJA and the Constitution. The applicant exhausted all reasonable avenues to obtain reasons and a decision, and was forced to approach the court. The court held that the applicant was entitled to the relief sought in the notice of motion. While the Assistant Master's conduct was inept…
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Anderson v Barbaglia and Another (32608/2021) [2021] ZAGPJHC 852 (12 November 2021)
The High Court refused leave to appeal against an urgent final interdict judgment concerning an executor’s powers over foreign assets and punitive costs.
Pillay and Another v Sewlal and Others (A139/2019) [2021] ZAGPPHC 728 (5 November 2021)
Appeal dismissed and condonation refused in a dispute over a deceased estate. The court held the Master complied with the Estates Act and the matter required action proceedings.
Duiker v Rakale and Others (14689/2021) [2021] ZAGPJHC 439 (20 September 2021)
The High Court dismissed an application to remove an executor of a deceased estate, finding the allegations of misconduct and delay were unsubstantiated.
Firstrand Bank Limited v George Clarance Gibbens N.O and Another (KPM104/2018) [2021] ZANWHC 29 (11 June 2021)
The High Court dismissed Firstrand Bank’s bid to compel an executor to finalise a deceased estate, finding the liquidation account had already been approved.
De Gouveia v Master of the High Court, Cape Town and Others (6542/2017) [2018] ZAWCHC 159 (27 November 2018)
The court found that the liquidation and distribution account was improperly drawn, as the applicant did not have a claim against the estate for half the proceeds of the jointly owned property. The applicant's claim for payment lies against the sheriff, who made the mistaken payment, not against the estate. The estate, if it has a claim against the applicant, must pursue it separately. The Master should have upheld the objection to the account, and the account must be redrawn as an interim account, setting out the reasons for any uncollected claims. The applicant's monetary claim against the…
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