South Africa Case Law

Nedbank Limited v Mabena (A324/16)

Nedbank Limited v Mabena (A324/16) [2017] ZAGPPHC 135 (30 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

A324/16

Judges

Molahlehi, Mathie, Davis

The court found that the appellant's claim against the respondent was liquidated, as it was based on the misappropriation of a specific sum of money. The respondent's defence that he acted only as director of Morua was rejected, as statutory provisions impose personal liability on executors and their agents for unlawful distributions. The respondent admitted liability in affidavits and correspondence, and failed to dispute the material allegations regarding the misappropriation of funds. The court held that the requirements of section 9(1) of the Insolvency Act were met, and that the provisio…

Source excerpt

• Sequestration
• Liquidated Claim
• Personal Liability Of Executor
• Misappropriation Of Estate Funds
• Administration Of Estates Act
• Fraudulent Misrepresentation

Greenan (estate Ebbelaar) and Another v Commissioner for Inland Revenue, Greenan (estate Terblanche) and Another v Commissioner for Inland Revenue (537/94, 538/94)

Greenan (estate Ebbelaar) and Another v Commissioner for Inland Revenue, Greenan (estate Terblanche) and Another v Commissioner for Inland Revenue (537/94, 538/94) [1996] ZASCA 53 (24 May 1996)

Court

Supreme Court of Appeal

Case number

537/94, 538/94

Judges

Van Heerden, Hefer, Harms, Scott, Zulman

The court held that an executor was not personally liable under section 19 for estate duty on policy proceeds never under the executor’s control.

• Estate Duty
• Executor Liability
• Distribution Of Estate Assets
• Personal Liability Of Executor
• Estate-duty
• Executor-liability