South Africa Case Law

Savvas v Savvas N.O and Others (1969/2024)

Savvas v Savvas N.O and Others (1969/2024) [2025] ZAFSHC 115 (7 April 2025)

Court

Free State High Court, Bloemfontein

Case number

1969/2024

Judge

Daniso

The court found that the applicant failed to establish a proper case for interim maintenance from the deceased estate. Her evidence regarding financial need and quantification of expenses was inconsistent and unsubstantiated. The applicant's bank statements and investment balances indicated she had sufficient means to meet her reasonable maintenance needs. The executor's evidence of a cash shortfall in the estate was not contradicted. Procedural objections raised by the executor, such as premature claim lodgement and non-joinder, were dismissed, but on the merits, the applicant did not discha…

Source excerpt

• Maintenance Of Surviving Spouses Act
• Interim Maintenance
• Administration Of Estates Act
• Burden Of Proof
• Quantification Of Maintenance
• Preference Of Claims

Jewaskewitz v Master of the High Court Polekwane and Others (53514/2012)

Jewaskewitz v Master of the High Court Polekwane and Others (53514/2012) [2013] ZAGPPHC 118 (16 May 2013)

Court

North Gauteng High Court, Pretoria

Case number

53514/2012

Judge

Bam

High Court matter on a surviving spouse’s maintenance claim against a deceased estate, referred to oral evidence for quantification and expert calculation.

• Maintenance Of Surviving Spouses Act
• Administration Of Estates Act
• Quantification Of Maintenance
• Onus Of Proof
• Expert Evidence
• Maintenance-of-surviving-spouses-act