South Africa Case Law

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 189 (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 approval steps under the estate sale provisions.

• Administration Of Estates Act
• Executor Discretion
• Sale Of Immovable Property
• Heir Approval
• Section 42 Certificate
• Administration-of-estates-act

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) [2008] ZAWCHC 9 (19 February 2008)

Court

Western Cape High Court, Cape Town

Case number

2498/07, 4247/07

Judge

Zondi

The court found that the true market value of the estate as at the date of death was R160,000, exceeding the section 18(3) threshold. The Master was misled by the municipal valuation and failed to revoke the appointment once the higher value was established. The section 42(2) certificate was improperly granted in the face of a valid objection and was not applicable to section 18(3) estates. The sale agreement and the appointment of the first respondent were set aside. The first respondent was ordered to pay costs de bonis propriis for acting without authority and exposing the estate to unnece…

Source excerpt

• Administration Of Estates Act
• Review Of Administrative Action
• Estate Valuation
• Section 18 Appointment
• Section 42 Certificate