M.M.M v Mhlwkwa N.O. and Others - Application for Leave to Appeal (2092/2022) [2024] ZAFSHC 77 (19 March 2024)
Court
Free State High Court, Bloemfontein
Case number
2092/2022
Judge
Naidoo
The court dismissed an application for leave to appeal, finding no reasonable prospects of success and holding that the earlier order remained valid and binding.
Maqubela and Another v Master of the Gauteng Local Division Johannesburg and Others (2018/40955) [2022] ZAGPJHC 346; 2022 (6) SA 408 (GJ) (19 May 2022)
Court
South Gauteng High Court, Johannesburg
Case number
2018/40955
Judge
Moorcroft
The court held that the proceeds of the Liberty Life Policy did not form part of the joint estate, as the rights to the death benefit only arose after the death of the insured, at which point the joint estate ceased to exist. The Master of the High Court erred in treating the policy proceeds as joint estate assets and failed to apply the correct legal principles and case law. The third respondent's argument based on insurable interest was rejected, as entitlement to policy proceeds depends on nomination or succession law, not merely on insurable interest arising from marriage. The application…