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South Africa Case Law

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Family And Children [2024] ZAECQBHC 52

I.L.L v L.V.H (3700/2023)

I.L.L v L.V.H (3700/2023) [2024] ZAECQBHC 52 (3 September 2024)

The High Court held that a R4.7 million payment used to buy property was an inter vivos donation, not a donatio mortis causa. The application for repayment was dismissed with costs.

  • Donatio Mortis Causa
  • Inter Vivos Donation
  • Inheritance
  • Testamentary Formalities
  • Donatio-mortis-causa
  • Inter-vivos-donation
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Family And Children [2023] ZAECELLC 32

L.M v R.D.M (EL789/2022)

L.M v R.D.M (EL789/2022) [2023] ZAECELLC 32 (31 October 2023)

The court varied interim divorce maintenance orders, set aside an urgent payment order, and found the respondent’s non-disclosed inheritance justified cost consequences.

  • Rule 43 Variation
  • Spousal Maintenance
  • Interim Relief
  • Contribution Towards Costs
  • Non Disclosure
  • Inheritance Exclusion
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Family And Children [2020] ZALMPPHC 101

Rabalao v Mogoje (3113/2019)

Rabalao v Mogoje (3113/2019) [2020] ZALMPPHC 101 (10 December 2020)

The High Court held that property bought with funds from the applicant’s mother formed part of the joint estate. The application to exclude it and resist division was dismissed with costs.

  • Division Of Joint Estate
  • Inheritance Exclusion
  • Customary Marriage
  • Matrimonial Property Act
  • Intestate Succession
  • Res Judicata
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Delict [2018] ZAFSHC 167

Oosthuizen and Another v Road Accident Fund (68/2015)

Oosthuizen and Another v Road Accident Fund (68/2015) [2018] ZAFSHC 167 (25 October 2018)

The court found that, in terms of the Assessment of Damages Act, pension benefits received by the First Plaintiff as a result of the deceased's death should not be deducted from the damages awarded for loss of support. Regarding the inherited property, the court held that it does not constitute an accelerated benefit, as the First Plaintiff continues to reside in the property and is not in a better position than before the deceased's death. The court relied on established case law, including Lambrakis v Santam Ltd and Maasberg v Hunt ARS & Hepburn Ltd, which support the principle that only th…

  • Loss Of Support
  • Assessment Of Damages Act
  • Accelerated Benefit
  • Inheritance
  • Quantification Of Damages
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Family And Children [2005] ZAWCHC 92

Coetzer v Coetzer (7407/04)

Coetzer v Coetzer (7407/04) [2005] ZAWCHC 92 (8 December 2005)

Divorce granted, custody awarded to the mother, and child maintenance fixed, but the court refused a redistribution order under section 7(3) of the Divorce Act.

  • Divorce
  • Redistribution Order
  • Maintenance
  • Custody
  • Matrimonial Property
  • Inheritance
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.