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South Africa decisions
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Maree v Maree and Others (3457/2023) [2024] ZAFSHC 320 (17 October 2024)
The High Court granted leave to appeal to the Full Bench over objections to a liquidation and distribution account and the enforceability of a habitatio claim.
Lourens v Mathie and Others (A11/2024) [2024] ZAGPPHC 1389 (8 August 2024)
The High Court held that the appellant showed a bona fide defence to a summary judgment claim over deceased funds transferred under an alleged oral agreement.
M.M.M v Mhlekwa and Others (2029/2022) [2023] ZAFSHC 384 (9 October 2023)
The High Court dismissed an application for declaratory relief about life-partnership inheritance rights after finding joinder defects, lack of a curator for a minor, and material factual disputes.
Lindeni v Master of the High Court, Johannesburg and Others (2022/23635) [2023] ZAGPJHC 800 (30 June 2023)
The court found that although the applicant and the deceased lived together, shared financial responsibilities, and participated in customary celebrations, the deceased was still married to his erstwhile wife during the relevant period. The law requires that parties must be competent to enter into a marriage or permanent life partnership, which was not the case here as the deceased's prior marriage was only dissolved in March 2020. The applicant did not rely on events after the divorce, and the relationship's key milestones occurred while the deceased was still married. Consequently, the appl…
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Modise v The Master of the High Court of South Africa and Others (2019/42772) [2021] ZAGPJHC 595 (4 November 2021)
The High Court dismissed a constitutional challenge to intestate succession and maintenance provisions, holding the applicant lacked locus standi and the marriage was invalid.
Bwanya v Master of the High Court, Cape Town and Others (20357/18) [2020] ZAWCHC 111; 2020 (12) BCLR 1446 (WCC); 2021 (1) SA 138 (WCC) (28 September 2020)
The court held that the Intestate Succession Act unfairly excluded surviving opposite-sex life partners with reciprocal support duties, but left the maintenance claim bound by precedent.
Van der Merwe NO and Another v Van der Merwe (16182/2012) [2013] ZAWCHC 45 (28 February 2013)
The court held that section 28(1) of the Alienation of Land Act does not entitle the alienee to withhold re-transfer of the property until his enrichment claims are satisfied. The respondent's claims for repayment and compensation are illiquid and must be dealt with in the ordinary course of the administration of the deceased estate, as prescribed by the Administration of Estates Act. The respondent is not a secured creditor and cannot claim a right of retention or insist on simultaneous payment. The statutory regime requires the executors to recover estate assets and settle creditor claims t…
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Gunter v Executor in the Estate of the Late Chrisitian France Gunter (20342/2008) [2012] ZAWCHC 51; 2013 (4) SA 387 (WCC) (6 June 2012)
The court held that the relief provided for in Section 7 of the Divorce Act is strictly ancillary to a decree of divorce and cannot be granted where the marriage has already been dissolved by death. The cause of action for divorce and its ancillary relief is extinguished upon the death of a spouse, regardless of whether litis contestatio has been reached. The redistribution order is a personal right between spouses and does not survive the dissolution of marriage by death. The authorities cited by the plaintiff regarding transmissibility of claims after litis contestatio were found irrelevant…
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Hassam v Jacobs NO and Others (5704/2004) [2008] ZAWCHC 37; [2008] 4 All SA 350 (C) (18 July 2008)
The court held that the exclusion of surviving spouses of polygynous Muslim marriages from the benefits of the Intestate Succession Act and the Maintenance of Surviving Spouses Act constitutes unfair discrimination based on marital status, religion, and culture, and infringes their constitutional rights to equality and dignity. The statutory language is capable of being interpreted to include multiple spouses, and where linguistic difficulties arise, such as in section 1(4)(f) of the Intestate Succession Act, a reading-in remedy is appropriate to ensure constitutional compliance. The court de…
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Kambule v Master of the High Court and Others (85) [2007] ZAECHC 2; [2007] 4 All SA 898 (E); 2007 (3) SA 403 (E) (8 February 2007)
The court held that the failure to register a customary marriage under the Transkei Marriage Act does not render the marriage invalid, as the Recognition of Customary Marriages Act applies to marriages concluded before its commencement and explicitly provides that non-registration does not affect validity. The applicant, if able to prove the existence of a valid customary marriage, qualifies as a 'survivor' under the Maintenance of Surviving Spouses Act, as the constitutional imperative is to avoid discrimination and to recognise the rights of spouses in both monogamous and polygynous customa…
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