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South Africa decisions
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Fourie N.O v Van Der Walt and Another (A3073/2020; 3108/2020) [2023] ZAGPJHC 157 (23 February 2023)
The High Court held that a 20% bare dominium bequest did not entitle the son to remain on the property after the will’s three-month occupation period expired.
Samsodien v Samsodien and Others (9938/2020) [2020] ZAWCHC 151; 2021 (2) SA 601 (WCC) (29 October 2020)
The court held that section 2(1) of the Immovable Property (Removal or Modification of Restrictions) Act 94 of 1965 does not empower it to remove or modify a lifetime usufruct granted in a will. A usufruct is a personal, limited but real right that forms part of the panoply of ownership rights, and is not a 'restriction' as contemplated by the Act. While the Act may justify modification of restrictions such as those on subdivision, it cannot be used to remove or restrict a usufructuary right expressly granted in the will. The equities favour the applicant, but the law is clear and does not pe…
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Feldman v Oshry NO and Another (6752/20007) [2009] ZAKZDHC 8; 2009 (6) SA 454 (KZD) (14 April 2009)
The court awarded a surviving spouse monthly maintenance from the estate, rejected a lump-sum maintenance claim, and granted payment of a promised R50,000 donation.
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