Bankorp Trust Bpk v Pienaar en 'n Ander (679/91)
Bankorp Trust Bpk v Pienaar en 'n Ander (679/91) [1993] ZASCA 74; 1993 (4) SA 98 (AD); [1993] 2 All SA 477 (A) (28 May 1993)
The Supreme Court of Appeal held that the High Court erred in granting relief to Charleen Pienaar. The court found that Pienaar had not established any legal basis for the removal of Bankorp Trust as executor, as Bankorp Trust had not yet been appointed by the Master. The statutory framework vests the power of appointment in the Master, and the court's power to remove or suspend an executor only arises after appointment. Furthermore, the court has no statutory or common law authority to appoint an executor in place of a nominee. The permanent interdict granted by the High Court was inappropri…
Source excerpt
- Appointment Of Executor
- Removal Of Executor
- Testamentary Disputes
- Permanent Interdict