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South Africa Case Law

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Civil Procedure [2024] ZAFSHC 77

M.M.M v Mhlwkwa N.O. and Others - Application for Leave to Appeal (2092/2022)

M.M.M v Mhlwkwa N.O. and Others - Application for Leave to Appeal (2092/2022) [2024] ZAFSHC 77 (19 March 2024)

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.

  • Joinder Of Parties
  • Leave To Appeal
  • Costs Award
  • Maintenance Of Surviving Spouses Act
  • Intestate Succession Act
  • Leave-to-appeal
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Civil Procedure [2022] ZAGPJHC 346

Maqubela and Another v Master of the Gauteng Local Division Johannesburg and Others (2018/40955)

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)

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…

  • Administration Of Estates Act
  • Community Of Property
  • Life Policy Proceeds
  • Intestate Succession Act
  • Unworthiness To Inherit
  • Law Of Evidence
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Family And Children [2021] ZAGPPHC 86

TM v CW N.O and Others (Leave to Appeal) (22553/2019)

TM v CW N.O and Others (Leave to Appeal) (22553/2019) [2021] ZAGPPHC 86 (3 March 2021)

The High Court dismissed an application for leave to appeal in a succession and parental-status dispute, finding no reasonable prospect of success.

  • Parental Responsibility
  • Intestate Succession Act
  • Leave To Appeal
  • Interpretation Of Statute
  • Leave-to-appeal
  • Intestate-succession
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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.