South Africa Case Law

Master of the High Court, Gauteng Division (132182/2023), Ex parte

Master of the High Court, Gauteng Division (132182/2023), Ex parte [2024] ZAGPPHC 797 (13 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

132182/2023

Judge

Neukircher

The Court finds that the statutory cap on payments from the Guardian's Fund for the maintenance and education of the minor, RN, will be exceeded due to ongoing and reasonable expenses. The administrative difficulties and delays caused by requiring repeated court applications would prejudice the minor and are contrary to the best interests of the child as enshrined in section 28 of the Constitution. The Court prefers the approach in Ex Parte The Master: In re van Onselen and In re Estate Simmonds, which allow the Master broader discretion to make payments for the minor's proper maintenance and…

Source excerpt

• Administration Of Estates Act
• Guardians Fund
• Maintenance Of Minors
• Judicial Discretion
• Constitutional Rights Of Children

B.R.R v M.B.J and Others (2020/11552)

B.R.R v M.B.J and Others (2020/11552) [2021] ZAGPJHC 396; [2021] 4 All SA 383 (GJ) (30 June 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/11552

Judge

Gilbert AJ

The High Court dismissed an application to increase trust maintenance, declare children capital beneficiaries, and remove trustees of a testamentary trust.

• Testamentary Trusts
• Removal Of Trustees
• Maintenance Of Minors
• Fiduciary Duties
• Conflict Of Interest
• Trust Property Control Act

Du Toit NO v Thomas NO and Others (635/15)

Du Toit NO v Thomas NO and Others (635/15) [2016] ZASCA 94 (1 June 2016)

Court

Supreme Court of Appeal

Case number

635/15

Judges

Ponnan, Majiedt, Mathopo, Fourie, Victor

The Supreme Court of Appeal held that the executor, having participated fully in the maintenance proceedings and not objected to jurisdiction at the hearing, was precluded from later challenging the maintenance court's jurisdiction. The court relied on established common law principles that a party who acquiesces and joins issue without raising jurisdictional objections is deemed to have waived such objections. The maintenance court had jurisdiction over the maintenance claim against the executor, and the executor's subsequent technical challenge was rejected. The executor's conduct was found…

Source excerpt

• Maintenance Of Minors
• Jurisdiction Of Maintenance Court
• Executor Liability
• Waiver Of Jurisdiction
• Costs De Bonis Propriis

B.J.D N.O v E.T N.O and Others (22649/2014)

B.J.D N.O v E.T N.O and Others (22649/2014) [2015] ZAWCHC 80; 2016 (4) SA 571 (WCC) (3 June 2015)

Court

Western Cape High Court, Cape Town

Case number

22649/2014

Judge

Donen

The court held that the Maintenance Act applies to executors of deceased estates and that the maintenance court has jurisdiction to make maintenance orders against an executor prior to the finalisation of the liquidation and distribution account. The executor is a 'person' legally liable to maintain a minor child for purposes of the Maintenance Act, and the child's right to maintenance arises from the family relationship, not inheritance. The Administration of Estates Act specifically empowers the executor, with the Master's consent, to release funds for the subsistence of the deceased's fami…

Source excerpt

• Maintenance Of Minors
• Executor Liability
• Administration Of Deceased Estates
• Jurisdiction Of Maintenance Court
• Constitutional Child Rights

Van der Walt NO v Flanegan NO and Others (388/2011)

Van der Walt NO v Flanegan NO and Others (388/2011) [2011] ZAFSHC 202 (8 December 2011)

Court

Free State High Court, Bloemfontein

Case number

388/2011

Judge

Hancke, R

The court dismissed an urgent application to stop transfer of estate farms, finding no prima facie right, no irreparable harm, and undue delay.

• Interim Interdict
• Estate Administration
• Maintenance Of Minors
• Interim-interdict
• Estate-administration
• Maintenance-of-minors