Marais N.O. and Another v Maposa and Others (642/2018)
Marais N.O. and Another v Maposa and Others (642/2018) [2020] ZASCA 23; 2020 (5) SA 111 (SCA) (25 March 2020)
The Supreme Court of Appeal held that the donation of 75% of the members' interest in Seepunt Eiendomme CC from the joint estate required the consent of the non-contracting spouse, Ms Broodie, under section 15(3)(c) of the Matrimonial Property Act. The transaction prejudiced her interests and thus required her consent. The respondents, particularly Ms Ledwaba, knew of the marriage but made no enquiries as to the marital regime or the necessity of consent. The court found that the respondents failed to meet the objective standard of reasonable enquiry required to rely on deemed consent under s…
Source excerpt
- Matrimonial Property Act
- Donation Of Joint Estate Assets
- Consent Requirement
- Deemed Consent
- Void Transfer
- Executor Substitution