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B.L.R v E.M.D and Others (2022/020919) [2025] ZAGPJHC 70 (31 January 2025)
The High Court removed an executrix for failing to comply with Master’s directives and ordered R450,000 paid into an estate account.
N.M.D and Others v M.T.A N.O and Others (1536/2019) [2021] ZALMPTHC 3 (12 May 2021)
The High Court dismissed an application to reopen a deceased estate, holding it had already been finalised under the Black Administration Act and a 2006 court order.
Standard Bank of South Africa Limited v July and Others (525/2017) [2018] ZASCA 85 (31 May 2018)
The Supreme Court of Appeal held that the Beningfield exception, as approved in Gross & others v Pentz, applies to the present case. Where the executor of a deceased estate is deceased and no replacement has been appointed, beneficiaries with a vested or contingent interest in the estate have locus standi to claim estate assets directly from persons in possession. The court found that requiring the appointment of a new executor would impose an unnecessarily cumbersome process on the beneficiaries, especially given the passage of time and the circumstances of maladministration. The respondents…
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