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South Africa decisions
Decisions matching the current search
Mbali v Mhlekwa N.O and Another (2092/2022) [2022] ZAFSHC 248 (15 September 2022)
The High Court stayed a succession-related application for three months so the applicant could join the deceased’s biological children, who had a direct and substantial interest.
Pretorius v Krugel N.O and Others (3326/2022) [2022] ZAMPMBHC 57 (14 July 2022)
High Court granted interim maintenance from a deceased estate to a surviving spouse and minor child, holding that the executor could be compelled to act.
Brimble-Hannath v Hannath and Others (3239/2021) [2021] ZAWCHC 102 (25 May 2021)
The High Court removed two executrixes from a deceased estate because their role as trustees and beneficiaries of a trust created a conflict of interest.
Freidrich and Others v Smit NO and Others (1028/2015) [2017] ZASCA 19; 2017 (4) SA 144 (SCA) (23 March 2017)
The SCA held that the surviving spouse failed to prove entitlement to reasonable maintenance from the estate, so the maintenance claim was removed.
Funiselo v Master of the High Court and Another (7395/2010) [2011] ZAWCHC 353 (10 August 2011)
The High Court dismissed an application to remove an executor and held that the applicant lacked locus standi, with the dispute barred by res judicata and lis alibi pendens.
Van Niekerk v Van Niekerk and Another (6361/10) [2010] ZAKZPHC 85; 2011 (2) SA 145 (KZP) ; [2011] 2 All SA 635 (KZP) (17 December 2010)
The High Court removed an executrix who was found unable to deal impartially with a widow’s claims against the estate and appeared intent on resisting them at all costs.
Botha v Coetzee NO en Andere (29472/2005) [2006] ZAGPHC 193 (12 May 2006)
The High Court granted interim maintenance to a surviving spouse from a deceased estate, rejecting a lis alibi pendens objection and awarding costs.
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