South Africa Case Law

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)

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…

Source excerpt

• Administration Of Estates Act
• Community Of Property
• Life Policy Proceeds
• Intestate Succession Act
• Unworthiness To Inherit
• Law Of Evidence

Saaiman and Others v Saaiman and Another (70566/10)

Saaiman and Others v Saaiman and Another (70566/10) [2012] ZAGPPHC 81 (24 April 2012)

Court

North Gauteng High Court, Pretoria

Case number

70566/10

Judge

LI Vorster

The court ordered life insurance proceeds paid to the Saaiman Trust, rejected set-off for premium payments, and removed a trustee for conflict of interest.

• Trust Administration
• Trustee Removal
• Life Policy Proceeds
• Locus Standi
• Trust-administration
• Trustee-removal

Engelbrecht NO and Another v Senwes Ltd. (631/05)

Engelbrecht NO and Another v Senwes Ltd. (631/05) [2006] ZASCA 138; 2007 (3) SA 29 (SCA) (30 November 2006)

Court

Supreme Court of Appeal

Case number

631/05

Judges

MPATI, STREICHER, CLOETE, MLAMBO, MALAN

The Supreme Court of Appeal held that the settlement agreement entitled Senwes to the life policy proceeds, not merely security, and dismissed the appeal.

• Cession In Securitatem Debiti
• Settlement Agreement
• Interpretation Of Contracts
• Life Policy Proceeds
• Cession-in-securitatem-debiti
• Settlement-agreement