South Africa Case Law

Du Toit and Another v Kruger N.O and Others (18777/23)

Du Toit and Another v Kruger N.O and Others (18777/23) [2024] ZAWCHC 281 (26 September 2024)

Court

Western Cape High Court, Cape Town

Case number

18777/23

Judge

Nziweni

The court found that clause 4.1.1 of the testator's will expressly granted the executor absolute and unfettered discretion to sell or lease the immovable properties and to determine the price, with the executor's decision being final and not reviewable. This constituted a clear contrary intention as contemplated by section 47 of the Administration of Estates Act. The statutory requirement for heirs' consent or Master's approval does not apply where the will provides otherwise. The sale agreement entered into by the erstwhile executor was valid and enforceable, and the respondents, as current…

Source excerpt

• Executor Discretion
• Sale Of Estate Property
• Administration Of Estates Act
• Freedom Of Testation
• Transfer Of Immovable Property

Nicolaou v Angeliniadis N.O and Others (2024/091766)

Nicolaou v Angeliniadis N.O and Others (2024/091766) [2024] ZAGPJHC 782 (22 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/091766

Judge

S D J Wilson

The High Court dismissed an urgent bid to stop the sale of estate property, finding no basis to set aside the Master’s authorisation under section 47(b).

• Interim Interdict
• Administration Of Estates Act
• Intestate Succession
• Sale Of Estate Property
• Master Authorisation
• Interim-interdict

Bester N.O v Master of the High Court and Another (17428/2021)

Bester N.O v Master of the High Court and Another (17428/2021) [2023] ZAWCHC 208; 2023 (6) SA 199 (WCC) (16 August 2023)

Court

Western Cape High Court, Cape Town

Case number

17428/2021

Judge

K Hofmeyr

The court reviewed the Master’s failure to decide an executor’s section 47 request to sell estate property, but remitted the matter rather than substituting its own decision.

• Administration Of Estates Act
• Executor Powers
• Sale Of Estate Property
• Master Oversight
• Judicial Review
• Substitution Vs Remittal

Daffue NO v Master of the High Court, Free State High Court, Bloemfontein and Others (2479/2019)

Daffue NO v Master of the High Court, Free State High Court, Bloemfontein and Others (2479/2019) [2020] ZAFSHC 185 (5 November 2020)

Court

Free State High Court, Bloemfontein

Case number

2479/2019

Judges

N.M. MBHELE, C. VAN ZYL

The High Court reviewed the Master’s refusal to issue a section 42(2) certificate for transfer of estate property, and directed further heir approval steps.

• Administration Of Estates Act
• Executor Discretion
• Sale Of Estate Property
• Heir Approval
• Valuation Of Property
• Administration-of-estates

Govindasamy and Another v Pillay and Others (D7270/2015)

Govindasamy and Another v Pillay and Others (D7270/2015) [2020] ZAKZDHC 49 (12 October 2020)

Court

Kwazulu-Natal High Court, Durban

Case number

D7270/2015

Judge

M R Chetty

The court found that the animosity and inability of the heirs to agree on the sale or value of the property constituted unforeseen circumstances not contemplated by the testator. This justified a departure from the will’s prohibition on sale without mutual consent. The court held that the property should first be offered to either heir at a fair market value, as determined by independent valuations (R710 000), within a reasonable period (30 days). If neither heir purchases, the executor is authorised to sell the property by public auction or private treaty at not less than the determined valu…

Source excerpt

• Variation Of Will
• Executor Powers
• Sale Of Estate Property
• Administration Of Estates Act
• Testamentary Dispute

Vundle and Another v Master of the High Court, Mthatha and Another (2595/2019)

Vundle and Another v Master of the High Court, Mthatha and Another (2595/2019) [2020] ZAECMHC 28 (21 July 2020)

Court

Eastern Cape High Court, Mthatha

Case number

2595/2019

Judge

Dawood

The High Court dismissed an application to compel transfer of estate property, finding the sale agreements unenforceable and the Master’s role could not be usurped.

• Alienation Of Land Act
• Sale Of Estate Property
• Executor Powers
• Prescription
• Fraudulent Misrepresentation
• Sale-of-estate-property

Tung'ande and Others v Tung'ande and Others (67369/15)

Tung'ande and Others v Tung'ande and Others (67369/15) [2017] ZAGPPHC 49 (14 February 2017)

Court

North Gauteng High Court, Pretoria

Case number

67369/15

Judge

Hughes

The High Court dismissed an application to remove an executrix of a deceased estate, finding no proven conflict of interest, maladministration, or basis for ancillary relief.

• Removal Of Executor
• Conflict Of Interest
• Administration Of Estates Act
• Sale Of Estate Property
• Removal-of-executor
• Deceased-estates

Kisten and Another v Moodley and Another (13043/2012)

Kisten and Another v Moodley and Another (13043/2012) [2016] ZAKZDHC 31 (22 July 2016)

Court

Kwazulu-Natal High Court, Durban

Case number

13043/2012

Judge

Henriques

The court found that both the main and counter applications were premature and defective. The applicants, as rival beneficiaries, did have locus standi to bring the application, but the relief sought was not properly founded, as no approach had been made to the Master for approval of the sale under section 47 of the Administration of Estates Act. The executor failed to discharge his fiduciary duties by not preserving the property or seeking the Master’s direction. The court cannot usurp the Master’s role and issue orders regarding the sale or administration of the estate property without the…

Source excerpt

• Administration Of Estates Act
• Locus Standi Of Beneficiaries
• Joinder Of Parties
• Executor Fiduciary Duties
• Sale Of Estate Property
• Costs Orders

Jicama 194 (Pty) Ltd v Lotter NO and Another, Allan NO and Others v Lotter NO and Another (6094/2007, 6095/2007)

Jicama 194 (Pty) Ltd v Lotter NO and Another, Allan NO and Others v Lotter NO and Another (6094/2007, 6095/2007) [2011] ZAKZDHC 81 (6 December 2011)

Court

Kwazulu-Natal High Court, Durban

Case number

6094/2007, 6095/2007

Judge

Vahed

The High Court found no delictual or contractual liability against an executor over delayed consent for estate property sales and dismissed the consolidated actions with costs.

• Executor Liability
• Fiduciary Duty
• Sale Of Estate Property
• Negligence
• Authority Of Trustees
• Specific Performance

Da Silva and Another v Da Silva N.O and Others (2498/07 & 4247/07)

Da Silva and Another v Da Silva N.O and Others (2498/07 & 4247/07) [2007] ZAWCHC 82 (19 November 2007)

Court

Western Cape High Court, Cape Town

Case number

2498/07 & 4247/07

Judge

Zondi

The court reviewed and set aside a section 18(3) estate appointment, the related permission to transfer property, and the sale of the deceased’s Hout Bay property.

• Administration Of Estates Act
• Letters Of Authority
• Estate Valuation
• Sale Of Estate Property
• Administration-of-estates-act
• Letters-of-authority