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South Africa Case Law

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Civil Procedure [2020] ZAGPPHC 792

Nage v Absa Bank Limited and Others (29775/2020)

Nage v Absa Bank Limited and Others (29775/2020) [2020] ZAGPPHC 792 (29 December 2020)

The High Court ordered the Master to accept a copy of a will for estate administration and held Absa Bank and Absa Trust liable for the applicant’s costs.

  • Lost Will
  • Administration Of Estates
  • Costs Order
  • Lost-will
  • Estate-administration
  • Costs-order
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Family And Children [2016] ZAFSHC 149

Riekert v Braun and Others (3969/2014)

Riekert v Braun and Others (3969/2014) [2016] ZAFSHC 149 (18 August 2016)

The court declared a missing original will’s certified copy valid after finding it was properly executed, genuine, and reflected the testator’s true wishes.

  • Law Of Succession
  • Declaratory Relief
  • Lost Will
  • Freedom Of Testation
  • Onus Of Proof
  • Law-of-succession
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Land And Property [2010] ZAWCHC 140

Ex Parte: Porter and Another (14970/2010)

Ex Parte: Porter and Another (14970/2010) [2010] ZAWCHC 140; 2010 (5) SA 546 (WCC) (13 August 2010)

The court held that section 2(3) of the Wills Act does not cover a duly executed codicil that was later lost, but granted relief under the common law.

  • Wills Act Section 2 3
  • Lost Will
  • Codicil Reconstruction
  • Common Law Relief
  • Wills-act-section-2-3
  • Lost-will
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Land And Property [2008] ZANCHC 30

Uys NO v Uys and Others (86/08)

Uys NO v Uys and Others (86/08) [2008] ZANCHC 30 (16 May 2008)

The court declared a photocopy of a lost original will to be the deceased’s last will and testament and authorised the Master to accept it for administration.

  • Lost Will
  • Law Of Succession
  • Declaratory Relief
  • Probate
  • Burden Of Proof
  • Lost-will
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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.