South Africa Case Law

Seidel v Lipschitz NO and Others (24960/11)

Seidel v Lipschitz NO and Others (24960/11) [2013] ZAWCHC 158 (24 October 2013)

Court

Western Cape High Court, Cape Town

Case number

24960/11

Judge

Rogers

The applicant's claim for maintenance from the deceased estate fails because her own means—including annuity income, capital assets, trust and usufruct benefits, and other financial provisions—are sufficient to meet her reasonable maintenance needs as determined by the court. The court accepted the respondents' expert analyses and actuarial calculations, finding that the applicant's monthly means (R62,698) exceed her reasonable monthly maintenance needs (R45,813), with surplus capital available for contingencies such as vehicle replacement and future needs. The estate and associated trusts ha…

Source excerpt

• Maintenance Of Surviving Spouses Act
• Reasonable Maintenance Needs
• Assessment Of Means
• Usufruct And Trust Benefits
• Costs Award

Feldman v Oshry NO and Another (6752/20007)

Feldman v Oshry NO and Another (6752/20007) [2009] ZAKZDHC 8; 2009 (6) SA 454 (KZD) (14 April 2009)

Court

Kwazulu-Natal High Court, Durban

Case number

6752/2006

Judge

Van Zÿl

The court awarded a surviving spouse monthly maintenance from the estate, rejected a lump-sum maintenance claim, and granted payment of a promised R50,000 donation.

• Maintenance Of Surviving Spouses Act
• Reasonable Maintenance Needs
• Testamentary Bequest
• Donation
• Periodical Payments
• Maintenance-of-surviving-spouses-act