De Magalhaes v Christensen N.O. and Another (2020/13195)
De Magalhaes v Christensen N.O. and Another (2020/13195) [2022] ZAGPJHC 504 (27 July 2022)
The applicant failed to prove valid title to the disability policy benefit funds, as the policy owner and beneficiary was the insolvent, and no cession to the applicant was established. However, the court found that section 63 of the Long Term Insurance Act protects such policy benefits from attachment, and this protection survives transfer to the spouse whose disability triggered the benefit. Regarding the proceeds from the sale of the Simons Town property, the applicant provided sufficient documentary evidence and unrefuted testimony of ownership and acquisition with her own funds, despite…
Source excerpt
- Insolvency Act Section 21
- Long Term Insurance Act Section 63
- Onus Of Proof
- Release Of Attached Property
- Commixtio
- Ownership Of Sale Proceeds