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South Africa Case Law

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Civil Procedure [2022] ZAGPPHC 448

Matsetela and Others v Estate LJL and Others (52878/21)

Matsetela and Others v Estate LJL and Others (52878/21) [2022] ZAGPPHC 448 (21 June 2022)

Court
North Gauteng High Court, Pretoria
Case number
52878/21
Judge
Kooverjie

The court found that the applicants, as beneficiaries, did not have locus standi to seek the removal of the estate administrator. The authority to appoint or remove the administrator resides solely with the executrix, who acts on behalf of the estate. The applicants failed to demonstrate exceptional circumstances that would justify their standing, such as delinquency or conflict on the part of the executrix. The allegations of conflict of interest and misconduct regarding the sale of the legal practice were unsubstantiated and contradicted by the respondents' affidavits and progress reports.…

Source excerpt

  • Administration Of Deceased Estates
  • Locus Standi
  • Conflict Of Interest
  • Fiduciary Duties
  • Sale Of Estate Assets
  • Removal Of Estate Administrator
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Civil Procedure [2017] ZALMPPHC 20

Jackson v Stanford Cawood and Others (3945/2016)

Jackson v Stanford Cawood and Others (3945/2016) [2017] ZALMPPHC 20 (18 August 2017)

Court
Limpopo High Court, Polokwane
Case number
3945/2016
Judge
E M Makgoba

The court found that the applicant lacked locus standi in indicio to seek relief regarding the contract entered into by the executor of her late husband's estate. She was neither an heir nor a beneficiary with a vested interest, nor a party to the contract. The trust was discretionary, and she had no vested right or interest. The majority of trustees opposed the application, and she was not authorized to act on behalf of the trust. The grounds for invalidity of the contract were rejected: the alleged misrepresentation, insolvency, lack of authority, and vagueness were either factually incorre…

Source excerpt

  • Locus Standi
  • Declaratory Relief
  • Testamentary Trust
  • Sale Of Estate Assets
  • Interim Interdict
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.