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South Africa Case Law

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Civil Procedure [2022] ZAECELLC 39

M.H obo H.J.W and Another v R.W.W and Others (EL 139/2020)

M.H obo H.J.W and Another v R.W.W and Others (EL 139/2020) [2022] ZAECELLC 39 (13 December 2022)

Court
Eastern Cape High Court, East London Local Court
Case number
EL 139/2020
Judge
Molony

The court found that the applicants, particularly the minor children represented by their mother, have locus standi to refer the dispute regarding the management of the trust to arbitration under clause 34 of the trust deed. The trust deed, as interpreted in light of relevant case law, confers rights on contingent beneficiaries to protect their interests against maladministration. The arbitration clause is sufficiently broad to encompass disputes about the application and management of the trust, including alleged breaches of fiduciary duty and ultra vires actions by trustees. The respondents…

Source excerpt

  • Trust Property Control Act
  • Fiduciary Duties Of Trustees
  • Arbitration Clause Enforcement
  • Locus Standi Of Beneficiaries
  • Divorce Settlement Trust Assets
  • Ultra Vires Trustee Actions
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Land And Property [2016] ZAKZDHC 31

Kisten and Another v Moodley and Another (13043/2012)

Kisten and Another v Moodley and Another (13043/2012) [2016] ZAKZDHC 31 (22 July 2016)

Court
Kwazulu-Natal High Court, Durban
Case number
13043/2012
Judge
Henriques

The court found that both the main and counter applications were premature and defective. The applicants, as rival beneficiaries, did have locus standi to bring the application, but the relief sought was not properly founded, as no approach had been made to the Master for approval of the sale under section 47 of the Administration of Estates Act. The executor failed to discharge his fiduciary duties by not preserving the property or seeking the Master’s direction. The court cannot usurp the Master’s role and issue orders regarding the sale or administration of the estate property without the…

Source excerpt

  • Administration Of Estates Act
  • Locus Standi Of Beneficiaries
  • Joinder Of Parties
  • Executor Fiduciary Duties
  • Sale Of Estate Property
  • Costs Orders
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.