Le Roux and Another v Ontvanger van Inkomste and Another (6800/08)
Le Roux and Another v Ontvanger van Inkomste and Another (6800/08) [2009] ZAFSHC 27 (12 March 2009)
The court found that the applicant was not made aware of the material tax consequences of his election under the joint will, specifically the donations tax liability. The applicant's ignorance was excusable, as neither he nor his advisor Smith knew of the implications, and the Master required a certificate of understanding that could not be provided. The court held that fairness and equity demand that the applicant be permitted to revoke his election, as he acted without full knowledge of the legal and financial consequences. The respondent's argument that the applicant is bound by his adviso…
Source excerpt
- Irrevocability Of Election
- Excusable Ignorance
- Joint Wills
- Donations Tax
- Administration Of Estates