Wessels NO v De Jager NO and Another (657/98)
Wessels NO v De Jager NO and Another (657/98) [2000] ZASCA 44; 2000 (4) SA 924 (SCA) ; [2000] 4 All SA 440 (A) (22 September 2000)
The Supreme Court of Appeal held that the insolvent does not acquire a right to the insurance policy benefit or inheritance until he accepts the benefit. Prior to acceptance, he only has a competency, not a right, and this competency does not vest in the curator of the insolvent estate. The court found the appellant's argument that such a competency constitutes a right to be unfounded. The appeal was dismissed with costs, and a special costs order was made against the appellant for including unnecessary documents in the appeal record.
Source excerpt
- Insolvency Estate
- Acceptance Of Benefit
- Intestate Succession
- Insurance Policy Benefit