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South Africa decisions
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M.Z.O N.O and Another v S.M and Others (2372/2024; 5234/2024) [2025] ZAFSHC 40 (13 February 2025)
The High Court dismissed two consolidated applications over a deceased estate property, holding that rejected codicils had no legal effect and costs followed the result.
Britz NO v Strydom and Another (2849/2018) [2019] ZAECPEHC 17 (29 March 2019)
The High Court ordered a deceased estate heir to vacate property, holding that the executrix had control of the estate assets and the property had to be sold to satisfy maintenance claims.
Hamilton and Another v Badenhorst and Others (5348/2017) [2018] ZAFSHC 33 (29 March 2018)
The court dismissed an application to validate and register a draft inter vivos trust, holding that no valid trust agreement existed and the bequest could not be enforced.
De Wet v Master of the Eastern Cape High Court, Grahamstown and Others (3658/2011) [2013] ZAECGHC 13 (21 February 2013)
The court found that the alleged deed of donation did not constitute a valid donation, as the applicant failed to fulfil the condition of undertaking to pay donation tax during the deceased's lifetime, and there was no acceptance of the donation before the donor's death. The Master's decision to dismiss the objection to the liquidation and distribution account was correct, as the bequest in the will was intended to extinguish the applicant's indebtedness to the estate. Although the application was launched one day late and the handling of the matter by the applicant's attorney was flawed, the…
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Cornelius v Registrar of Deeds and Others (10484/2011) [2012] ZAWCHC 72 (31 January 2012)
The High Court dismissed an application to set aside land reallocation, sale and registration, finding the applicant lacked locus standi and refusing postponement.
Kohlberg v Burnett and Others (422/84) [1986] ZASCA 32; [1986] 2 All SA 283 (A) (26 March 1986)
The court held that clause 3 of the will constitutes a valid bequest to the trustees of the two named trusts, who are legally entitled to receive and administer the assets for the benefit of the trust beneficiaries. The fact that the trusts are not legal persons does not invalidate the bequest, as trustees act in their representative capacity. The beneficiaries under the trusts derive their rights from the trust deeds, not directly from the will. The will does not need to set out the terms and conditions of the trusts or identify the beneficiaries, provided the trustees are properly appointed…
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Heymans v Van Tonder (1) (406/83) [1985] ZASCA 43; [1985] 2 All SA 389 (A) (29 May 1985)
The court interpreted a joint will to require payment of half the estate value on the surviving spouse’s remarriage, with security only if payment was postponed due to the beneficiary’s minority.
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