South Africa Case Law

Sabdia and Another v Soma and Another

Sabdia and Another v Soma and Another [2023] ZAGPPHC 322; 75876/13 (15 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

75876/13

Judge

N V Khumalo

The court held that the principle prohibiting an executor from receiving both commission and separate professional fees for legal services rendered to the estate applies in this matter. The will's provision authorising payment of professional fees must be interpreted as permitting such fees only as part of the commission, not in addition to it. The taxing master acted within her powers in disallowing the separate professional fees, and the applicants failed to demonstrate that another court would reach a different conclusion. The application for leave to appeal was dismissed as there were no…

Source excerpt

• Executor Remuneration
• Administration Of Estates Act
• Conflict Of Interest
• Taxing Master Review

Heukelman and Others v Heukelman N.O. and Another (6751/2010)

Heukelman and Others v Heukelman N.O. and Another (6751/2010) [2015] ZAGPPHC 155 (11 March 2015)

Court

North Gauteng High Court, Pretoria

Case number

6751/2010

Judge

E Bertelsmann

The High Court granted leave to appeal to the Full Bench against dismissal of a review of a Taxing Master’s taxation and the related costs order.

• Leave To Appeal
• Taxing Master Review
• Costs Award
• Leave-to-appeal
• Taxing-master-review
• Costs