South Africa Case Law

Sabdia N.O and Another v Soma and Another (845/2023)

Sabdia N.O and Another v Soma and Another (845/2023) [2024] ZASCA 174; 2025 (4) SA 450 (SCA) (12 December 2024)

Court

Supreme Court of Appeal

Case number

845/2023

Judges

Mbatha, Hughes, Keightley, Unterhalter, Coppin

The Supreme Court of Appeal held that the will of the late Dr Mahamed Faruk Sabdia expressly authorised the executors to charge and be paid all usual professional fees and other charges for business transacted, time spent, and acts done in connection with the administration of the estate. Section 51(1)(a) of the Administration of Estates Act allows a testator to fix the executor's remuneration, including professional fees. The remuneration clause and clause 5.3 of the will clearly indicated the testator's intention that the executors, including one who was an attorney, and his associates, sho…

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• Executor Remuneration
• Administration Of Deceased Estates
• Professional Fees
• Will Interpretation
• Taxation Of Costs

Thobejane v Master of the High Court, Johannesburg and Another (32145/2019)

Thobejane v Master of the High Court, Johannesburg and Another (32145/2019) [2023] ZAGPJHC 1138 (9 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

32145/2019

Judge

LA Grange

The court upheld the Master's directive requiring a former executor to repay double the fee retained prematurely, and dismissed the review with costs.

• Administration Of Estates Act
• Executor Remuneration
• Judicial Review
• Authority Of Master
• Punitive Orders
• Administration-of-estates-act

Sabdia and Another v Soma and Another

Sabdia and Another v Soma and Another [2023] ZAGPPHC 322; 75876/13 (15 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

75876/13

Judge

N V Khumalo

The court held that the principle prohibiting an executor from receiving both commission and separate professional fees for legal services rendered to the estate applies in this matter. The will's provision authorising payment of professional fees must be interpreted as permitting such fees only as part of the commission, not in addition to it. The taxing master acted within her powers in disallowing the separate professional fees, and the applicants failed to demonstrate that another court would reach a different conclusion. The application for leave to appeal was dismissed as there were no…

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• Executor Remuneration
• Administration Of Estates Act
• Conflict Of Interest
• Taxing Master Review

Linde v Mokgobo N.O. and Others (2089/2020)

Linde v Mokgobo N.O. and Others (2089/2020) [2023] ZAFSHC 110 (6 April 2023)

Court

Free State High Court, Bloemfontein

Case number

2089/2020

Judges

L MPAMA, P J LOUBSER

A review of the Master’s refusal to decide objections to a liquidation and distribution account. The court granted condonation, set aside the decision, and upheld only the cash shortfall objection.

• Administration Of Estates Act
• Review Of Administrative Action
• Executor Remuneration
• Conflict Of Interest
• Liquidation And Distribution Account
• Administration-of-estates

Soma v Yusuf and Others (75876/13)

Soma v Yusuf and Others (75876/13) [2022] ZAGPPHC 967 (9 December 2022)

Court

North Gauteng High Court, Pretoria

Case number

75876/13

Judge

N V Khumalo

The court held that the principle prohibiting an executor from claiming both commission and attorney's fees for services rendered to the estate remains applicable, regardless of the executor's status as a director in a private company. The taxing master acted within her discretion under Rule 70 to disallow the attorney's fees claimed by the executor's firm, as the executor's commission covers all work performed for the estate, including legal services. The court found that the will did not contain a valid provision authorizing payment of additional professional fees to the executor-attorney,…

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• Taxation Of Costs
• Executor Remuneration
• Conflict Of Interest
• Administration Of Estates Act
• Fiduciary Duties

Koch v Weiland N.O. and Another (16526/2020)

Koch v Weiland N.O. and Another (16526/2020) [2022] ZAWCHC 96 (18 March 2022)

Court

Western Cape High Court, Cape Town

Case number

16526/2020

Judge

Van Zyl AJ

The court upheld an exception to a claim for executor’s remuneration, holding that the pleadings did not allege the plaintiff was permitted to administer deceased estates.

• Administration Of Estates Act
• Executor Remuneration
• Exceptions To Pleadings
• Regulations On Estate Liquidation
• Exceptions-to-pleadings
• Administration-of-estates

Jones v Pretorius NO (281/2019)

Jones v Pretorius NO (281/2019) [2020] ZASCA 113; 2022 (1) SA 132 (SCA) (29 September 2020)

Court

Supreme Court of Appeal

Case number

281/2019

Judges

Saldulker, Van der Merwe, Dlodlo, Goosen, Mabindla-Boqwana

The appellant’s agency to administer the estate terminated upon the death of the original executor, Mrs Meyer. Thereafter, the appellant had no authority to act for the estate or to make payments from estate funds. The payments made to himself constituted unlawful appropriations. Section 50(b) of the Administration of Estates Act does not apply to such appropriations, as it is limited to distributions made by an executor or duly authorised agent. However, the powers and duties attached to the office of executor entitle and oblige the respondent, as the newly appointed executor, to recover ass…

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• Administration Of Deceased Estates
• Executor Remuneration
• Agency Termination
• Unlawful Appropriation Of Estate Funds

Nedbank Limited v Gordon N.O and Others (8938/17)

Nedbank Limited v Gordon N.O and Others (8938/17) [2019] ZAGPPHC 460 (16 August 2019)

Court

North Gauteng High Court, Pretoria

Case number

8938/17

Judge

Mabuse

The High Court upheld a Taxing Master’s disallowance of attorney fees claimed by an executor-attorney, holding the work was covered by executor remuneration under the Act.

• Review Of Taxation
• Executor Remuneration
• Administration Of Estates Act
• Fiduciary Duties
• Costs Award
• Review-of-taxation

Sutherland v Master of the High Court (Kwazulu-Natal, Pietermaritzburg) and Others (13619/2013)

Sutherland v Master of the High Court (Kwazulu-Natal, Pietermaritzburg) and Others (13619/2013) [2015] ZAKZDHC 44 (12 May 2015)

Court

Kwazulu-Natal High Court, Durban

Case number

13619/2013

Judge

K Pillay

The court rejected challenges to executor fees and attorney disbursements for lack of locus standi, but set aside the Master’s rejection of compound interest.

• Administration Of Estates Act
• Locus Standi
• Executor Remuneration
• Compound Interest
• Objection To Liquidation Account
• Administration-of-estates

Botha NO v Smith & Assoicates (27836/09)

Botha NO v Smith & Assoicates (27836/09) [2009] ZAGPPHC 115 (11 June 2009)

Court

North Gauteng High Court, Pretoria

Case number

27836/09

Judge

Legodi

Urgent application about estate administration, attorney supervision, and executor remuneration. The court held the respondents liable and granted relief.

• Vicarious Liability
• Executor Remuneration
• Attorneys Act Compliance
• Administration Of Estates
• Trust Account Liability
• Vicarious-liability