South Africa Case Law

Tshetlo v Tsomele and Others (2023/125901)

Tshetlo v Tsomele and Others (2023/125901) [2025] ZAGPJHC 335 (26 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/125901

Judge

A Mitchell

The Master’s decision to recall and cancel the applicant’s letters of executorship was invalid, as it was not based on any statutory grounds under section 54(1)(b) of the Administration of Estates Act and was not supported by facts or legal reasoning. The letters of executorship issued to the applicant remain valid and effective unless and until set aside by a court of competent jurisdiction. The applicant is entitled to reinstatement as executor and to costs, as she was substantially successful. Costs on the attorney and own client scale were not justified; party and party costs were awarded.

Source excerpt

• Administrative Action
• Removal Of Executor
• Review Of Master Decision
• Promotion Of Administrative Justice Act

McQuarrie N.O v Master of the High Court, Gqeberha and Others (1069/2024)

McQuarrie N.O v Master of the High Court, Gqeberha and Others (1069/2024) [2025] ZAECQBHC 2 (4 February 2025)

Court

Eastern Cape High Court, Gqeberha

Case number

1069/2024

Judge

J W Eksteen

The court found that while the applicant executrix had failed to perform certain duties satisfactorily, particularly regarding the delayed publication of the s 29 notice and responsiveness to the Master's queries, most delays were attributable to external factors, including inefficiencies in the Master's office and disputes among heirs. The estate was substantially finalised, and the outstanding matters were minor and within the control of the heirs. Removal of the executrix at this late stage would cause further delay and costs, with no demonstrable risk to the interests of beneficiaries. Th…

Source excerpt

• Administration Of Estates Act
• Removal Of Executor
• Judicial Review
• Testamentary Executrix
• Proportionality Of Removal

B.L.R v E.M.D and Others (2022/020919)

B.L.R v E.M.D and Others (2022/020919) [2025] ZAGPJHC 70 (31 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/020919

Judge

M A Makume

The High Court removed an executrix for failing to comply with Master’s directives and ordered R450,000 paid into an estate account.

• Administration Of Estates Act
• Removal Of Executor
• Joint Ownership Of Property
• Liquidation And Distribution Account
• Maladministration Of Estate
• Settlement Of Divorce Claims

D.B v Brand and Another (Leave to Appeal) (13157/2024)

D.B v Brand and Another (Leave to Appeal) (13157/2024) [2024] ZAWCHC 411 (6 December 2024)

Court

Western Cape High Court, Cape Town

Case number

13157/2024

Judge

A Bhoopchand

The High Court dismissed an application for leave to appeal after finding the respondent’s grounds of appeal lacked merit and did not show a reasonable prospect of success.

• Leave To Appeal
• Removal Of Executor
• Administration Of Estates Act
• Conflict Of Interest
• Costs Orders
• Leave-to-appeal

Visagie v Bosua N.O and Others (342/2024)

Visagie v Bosua N.O and Others (342/2024) [2024] ZAMPMBHC 85 (29 November 2024)

Court

Mbombela High Court, Mpumalanga

Case number

342/2024

Judge

Roelofse AJ

The High Court refused to remove an executor despite delay and statutory non-compliance in administering a deceased estate, finding removal unjustified on the evidence.

• Removal Of Executor
• Administration Of Deceased Estates
• Executor Duties
• Liquidation And Distribution Account
• Section 54 Administration Of Estates Act
• Removal-of-executor

Rashied and Another v CLIOV 6 (Pty) Ltd and Others (063600/2023)

Rashied and Another v CLIOV 6 (Pty) Ltd and Others (063600/2023) [2024] ZAGPJHC 1148 (8 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

063600/2023

Judge

Johann Gautschi

The High Court dismissed an application to set aside property transfers and sale agreements, holding the matter involved factual disputes unsuitable for motion proceedings.

• Setting Aside Transfer
• Joinder
• Removal Of Executor
• Condonation Of Late Filing
• Motion-proceedings
• Property-transfer

M.C.M (obo P, R and N.M) v Pedzisai N.O and Others (1251/2023)

M.C.M (obo P, R and N.M) v Pedzisai N.O and Others (1251/2023) [2024] ZAFSHC 355 (30 October 2024)

Court

Free State High Court, Bloemfontein

Case number

1251/2023

Judge

Mahlatsi AJ

The court found that the applicant failed to provide credible evidence that the first respondent's appointment as executrix was unlawful or that her signature was forged. The division of inheritance was based on the available legal documentation, and the executrix acted on information provided by the next of kin. The applicant's loss of trust and disagreement over the inheritance allocation did not constitute sufficient grounds for removal under s 54(1)(a)(v) of the Administration of Estates Act. The Master had properly exercised his supervisory role and found no maladministration. The intere…

Source excerpt

• Administration Of Estates Act
• Removal Of Executor
• Fiduciary Duties
• Liquidation And Distribution Account

Britt and Others v Gil N.O and Others (21865/2022)

Britt and Others v Gil N.O and Others (21865/2022) [2024] ZAGPJHC 1096 (28 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

21865/2022

Judge

Fisher

High Court removed an executor for conflict of interest and breakdown of trust in administering a deceased estate, and dismissed his counter-application.

• Removal Of Executor
• Conflict Of Interest
• Administration Of Estates Act
• Wills Act
• Undue Influence
• Estate Administration

D.B v Brand and Another (13157/2024)

D.B v Brand and Another (13157/2024) [2024] ZAWCHC 280; [2025] 1 All SA 102 (WCC) (26 September 2024)

Court

Western Cape High Court, Cape Town

Case number

13157/2024

Judge

A Bhoopchand

The High Court removed an executor whose prior role, beneficiary interest, and conduct created a conflict that prejudiced administration of the joint estate.

• Removal Of Executor
• Administration Of Estates Act
• Conflict Of Interest
• Matrimonial Property Act
• Fiduciary Duty
• Liquidation And Distribution Account

Mohanoe and Others v Master of the High Court, Johannesburg and Others (017606-2023)

Mohanoe and Others v Master of the High Court, Johannesburg and Others (017606-2023) [2024] ZAGPJHC 155 (19 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

017606/2023

Judge

Noko

The High Court refused to validate either of two unsigned-by-witnesses wills, but removed the conflicted executrix and ordered the Master to appoint a replacement.

• Wills Act Section 2 3
• Removal Of Executor
• Condonation Of Late Filing
• Lis Pendens
• Estate Administration
• Wills-act-section-2-3