South Africa Case Law

Campher N.O. v van Wyk and Others (4480/2021)

Campher N.O. v van Wyk and Others (4480/2021) [2022] ZAFSHC 183 (27 July 2022)

Court

Free State High Court, Bloemfontein

Case number

4480/2021

Judges

ZIETSMAN, REINDERS

The court found that the Master's decision was unclear and did not properly address all relevant issues, including the allocation of both the Gideon Farms and Murphy Farms and the interpretation of the two Wills. The objection was lodged and decided before the liquidation and distribution account had lain open for inspection, contrary to the procedure set out in section 35 of the Administration of Estates Act and the precedent in Götz v The Master. The court held that the matter should be referred back to the Master for proper consideration of the objection and answer thereto after the accoun…

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• Administration Of Estates Act
• Fideicommissum
• Review Of Administrative Decision
• Liquidation And Distribution Account

Merb (Pty) Ltd and Others v Matthews and Others (2020/15069)

Merb (Pty) Ltd and Others v Matthews and Others (2020/15069) [2021] ZAGPJHC 693 (16 November 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/15069

Judge

Maier-Frawley

The High Court dismissed an exception to particulars of claim alleging fraud-based rescission of costs orders and damages arising from eviction litigation.

• Fraudulent Misrepresentation
• Rescission Of Costs Order
• Fideicommissum
• Abuse Of Process
• Shareholder Disputes
• Delictual Damages

King N.O. and Others v De Jager and Others (CCT 315/18)

King N.O. and Others v De Jager and Others (CCT 315/18) [2021] ZACC 4; 2021 (5) BCLR 449 (CC); 2021 (4) SA 1 (CC) (19 February 2021)

Court

Constitutional Court

Case number

CCT 315/18

Judges

Mogoeng CJ, Jafta J, Khampepe J, Madlanga J, Majiedt J, Mathopo AJ, Mhlantla J, Theron J, Victor AJ

The Constitutional Court held that clause 7 of the will, which excluded female descendants from inheriting fideicommissary property, constitutes unfair discrimination on the basis of gender and is contrary to public policy as infused by constitutional values. The Court found that freedom of testation, while protected, is not absolute and must yield to the foundational constitutional values of equality and non-sexism. The Promotion of Equality and Prevention of Unfair Discrimination Act specifically prohibits practices that prevent women from inheriting family property. The Court rejected the…

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• Promotion Of Equality And Prevention Of Unfair Discrimination Act
• Freedom Of Testation
• Gender Discrimination
• Public Policy In Testate Succession
• Fideicommissum
• Constitutional Supremacy

De Hart v Kelsey NO and Others (3921/2016)

De Hart v Kelsey NO and Others (3921/2016) [2020] ZAFSHC 222 (9 October 2020)

Court

Free State High Court, Bloemfontein

Case number

3921/2016

Judge

Mhlambi

Leave to appeal was dismissed because the applicant failed to show reasonable prospects of success on the oral agreement, damages, or trustee-duty findings.

• Leave To Appeal
• Market Rental Value
• Oral Agreement
• Fideicommissum
• Trustee Duties
• Ejectment

Edwards v Dobrowsky N.O and Another (1257/2019)

Edwards v Dobrowsky N.O and Another (1257/2019) [2020] ZAECGHC 4 (28 January 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

1257/2019

Judges

M.J. Lowe, J.M. Roberson

The High Court interpreted a joint will and held that the applicant was entitled to a R360,000 claim from the estate despite the sale of Redlands Annexe.

• Interpretation Of Wills
• Fideicommissum
• Liquidation And Distribution Account
• Ademption
• Rei Vindicatio
• Interpretation-of-wills

Mochochoko v Mochochoko and Others (3647/2015)

Mochochoko v Mochochoko and Others (3647/2015) [2018] ZAFSHC 155 (18 October 2018)

Court

Free State High Court, Bloemfontein

Case number

3647/2015

Judge

JP Daffue

The court found that the 1994 will of DD Mochochoko, although only a copy, complied with all formal requirements and was intended by the testatrix to be her last will and testament. In terms of section 2(3) of the Wills Act and binding Supreme Court of Appeal authority, the Master must be authorised to accept the copy as a valid will. However, the court held that there was insufficient evidence to declare the joint will of 1978 invalid or revoked, as the legal consequences of adiation and massing under the joint will bound the surviving spouse and prevented revocation by a later will. The pro…

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• Joint Wills
• Fideicommissum
• Conversion Of Rights Act
• Revocation Of Wills
• Administration Of Estates
• Acceptance Of Copies As Wills

Douglasdale Diary (Pty) Ltd and Others v Bragge and Another (731/2017)

Douglasdale Diary (Pty) Ltd and Others v Bragge and Another (731/2017) [2018] ZASCA 68; 2018 (4) SA 425 (SCA) (25 May 2018)

Court

Supreme Court of Appeal

Case number

731/2017

Judges

Shongwe, Willis, Swain, Davis, Hughes

The SCA held that on the fiduciary’s death ownership vested automatically in the fideicommissaries, making the eviction order unenforceable and the appeal moot.

• Fideicommissum
• Eviction Order
• Ownership Transfer On Death
• Res Judicata
• Issue Estoppel
• Eviction-order

Matthews and Others In re Bragge v Douglasdale Dairy (Pty) Ltd (2014/17307), Ex parte

Matthews and Others In re Bragge v Douglasdale Dairy (Pty) Ltd (2014/17307), Ex parte [2016] ZAGPJHC 395; 2018 (4) SA 409 (GJ) (20 May 2016)

Court

South Gauteng High Court, Johannesburg

Case number

2014/17307

Judge

Makhanya

The High Court held that a fiduciary owner under a fideicommissum could evict a lessee after the lease expired, and dismissed the fideicommissaries’ intervention.

• Fideicommissum
• Eviction
• Locus Standi
• Ius Possidendi
• Testamentary Intention
• Ownership Rights

E v Estate Late B (192/2013)

E v Estate Late B (192/2013) [2014] ZASCA 27; [2014] 2 All SA 635 (SCA); 2014 (4) SA 1 (SCA) (28 March 2014)

Court

Supreme Court of Appeal

Case number

192/2013

Judges

Mthiyane, Petse, Willis, Saldulker, Legodi

The Supreme Court of Appeal held that, in the absence of clear indications to the contrary in the wills, the intention of the testators was for the deceased's grandchildren to inherit per stirpes under the fideicommissa. The court found that the principle of representation applies, and a grandchild is not disqualified from inheritance merely because her parent predeceased the fiduciary. The fideicommissum multiplex created by the wills entitles J[...] to inherit the share her late father would have received, and the presumption against disinheriting descendants further supports this conclusio…

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• Fideicommissum
• Law Of Succession
• Per Stirpes Inheritance
• Will Interpretation

Troger NO and Another v Hunt and Others (2033/2011)

Troger NO and Another v Hunt and Others (2033/2011) [2013] ZANCHC 27 (5 July 2013)

Court

Northern Cape High Court, Kimberley

Case number

2033/2011

Judge

Mamosebo

The Northern Cape High Court dismissed an application for leave to appeal in a dispute about agricultural land, fideicommissum terms, and the Subdivision of Agricultural Land Act.

• Subdivision Of Agricultural Land Act
• Vesting Of Undivided Shares
• Fide Commissum
• Leave To Appeal Procedure
• Leave-to-appeal
• Agricultural-land