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South Africa decisions
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Mthembu v Mlamba and Others (17373/2019) [2025] ZAGPJHC 269 (7 March 2025)
The High Court dismissed an application to set aside a deceased estate property sale, finding fatal non-joinder of the Master and no legal basis to invalidate the transfer.
Johnson v Johnson and Others (16626/2023) [2025] ZAWCHC 54 (19 February 2025)
The court found, on a balance of probabilities, that the deceased did not possess the requisite testamentary capacity to execute either the 2015 or 2016 Will. Expert medical evidence, including a MOCA score of 13/30 and psychiatric assessments, established significant cognitive impairment due to moderately advanced dementia. The evidence of Ms Johnson and the unchallenged expert reports corroborated the deceased's inability to appreciate the nature and effect of her actions, recall her assets, or identify her heirs. The suspicious circumstances surrounding the execution of both Wills and the…
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Le Roux v Estate Late Le Roux and Others (2024/070995) [2024] ZAGPJHC 1231 (3 December 2024)
The High Court dismissed an urgent bid for interim control of a deceased estate and company account, imposed punitive costs, and confirmed interim management by the fourth respondent.
Z.M v P.M and Others (21/27860) [2024] ZAGPJHC 1006 (4 October 2024)
The High Court declared an alleged customary marriage void, removed the first respondent as executrix, and appointed the applicant’s attorneys to administer the estate.
De Bruyn v Master of the High Court, Pretoria and Others (A178/2022; 66520/2018) [2024] ZAGPPHC 206 (7 March 2024)
The High Court dismissed an appeal challenging a surviving spouse’s maintenance claim, the liquidation and distribution accounts, and the refusal to remove the executrix.
L.L v C.H NO and Others (A018010/2023) [2023] ZAGPJHC 1440 (12 December 2023)
The High Court upheld an appeal declaring a tacit universal partnership between LL and EH and granting LL half of EH’s estate, while removing the executor.
Obst v Machabe N.O and Another (2021/47605) [2023] ZAGPJHC 1381 (27 November 2023)
The High Court held that a 2021 will was a forgery, accepted a copy of the 2015 will as valid, removed the executor, and appointed the applicant.
Bouwer N.O v Master of the Pretoria High Court and Another (Reasons) (053543/2023) [2023] ZAGPPHC 1157 (12 September 2023)
The High Court held that section 18(3) of the Administration of Estates Act does not let the Master revoke an existing executorship simply because an estate falls below the threshold.
M.N.P v C.M.P and Another (2021/56132) [2023] ZAGPJHC 942 (18 August 2023)
The court granted interim relief in an estate dispute, finding two customary marriages to the deceased and directing reconsideration of executor appointments.
Sikhosana v Kabini NO and Others (2021/59067) [2023] ZAGPJHC 889 (8 August 2023)
The court declared a valid Ndebele customary marriage after lobolo negotiations and festivities, ordered registration, and dismissed a bid to remove the executor.
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