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Lourenco and Another v Lourenco and Others (16945/2020) [2023] ZAGPJHC 796 (17 July 2023)
The High Court rescinded a default order declaring a disputed document the deceased’s will, finding interested parties were not notified and should have been joined.
Kisten and Another v Moodley and Another (13043/2012) [2016] ZAKZDHC 31 (22 July 2016)
The court found that both the main and counter applications were premature and defective. The applicants, as rival beneficiaries, did have locus standi to bring the application, but the relief sought was not properly founded, as no approach had been made to the Master for approval of the sale under section 47 of the Administration of Estates Act. The executor failed to discharge his fiduciary duties by not preserving the property or seeking the Master’s direction. The court cannot usurp the Master’s role and issue orders regarding the sale or administration of the estate property without the…
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