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South Africa decisions
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C.J.W and Another v S.J.P and Others (88660/2019) [2024] ZAGPPHC 1217 (2 December 2024)
The High Court removed the maternal grandfather as guardian, appointed the paternal uncle, and awarded primary residence and care to the paternal family.
Avis N.O and Another v Avis N.O and Another (2023-041644) [2024] ZAGPPHC 264 (6 March 2024)
The High Court terminated a testamentary trust, held the Haarlem property was not a trust asset, and dismissed a non-joinder objection.
Association for Voluntary Sterilization of South Africa v Standard Trust Limited and Others (325/2022) [2023] ZASCA 87; - (7 June 2023)
The Supreme Court of Appeal dismissed an appeal seeking declaratory interpretation of a will clause, holding the relief was abstract, vague, and lacked practical effect.
M-S and Another v Le Mottee and Others (64484/2020; 10475/2021) [2021] ZAGPPHC 620 (21 September 2021)
The High Court dismissed urgent consolidated applications to remove executors of an estate and to interdict estate dealings, finding no basis under section 54 of the Administration of Estates Act.
Brimble-Hannath v Hannath and Others (3239/2021) [2021] ZAWCHC 102 (25 May 2021)
The High Court removed two executrixes from a deceased estate because their role as trustees and beneficiaries of a trust created a conflict of interest.
Heinze v Burger and Others (1202/2012) [2018] ZANCHC 79 (2 November 2018)
The High Court granted condonation for a late leave-to-appeal application but dismissed the appeal for lack of standing and ordered the applicant to pay costs.
Keyter N.O. v Keevy and Others (CA311/2017) [2018] ZAECGHC 19 (8 March 2018)
The court held that the sheep-lessee claim was personal, not vindicatory, so it was a debt under the Prescription Act and the appeal failed.
Jackson v Stanford Cawood and Others (3945/2016) [2017] ZALMPPHC 20 (18 August 2017)
The court found that the applicant lacked locus standi in indicio to seek relief regarding the contract entered into by the executor of her late husband's estate. She was neither an heir nor a beneficiary with a vested interest, nor a party to the contract. The trust was discretionary, and she had no vested right or interest. The majority of trustees opposed the application, and she was not authorized to act on behalf of the trust. The grounds for invalidity of the contract were rejected: the alleged misrepresentation, insolvency, lack of authority, and vagueness were either factually incorre…
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Hanekom v Voight N.O and Others (15 493/2014) [2015] ZAWCHC 116; 2016 (1) SA 416 (WCC); [2016] 2 All SA 155 (WCC) (13 August 2015)
The Court held that the 2001 Memorandum constituted a valid amendment to the 1980 Trust Deed. The Master of the High Court had authorised the trustees based on the 2001 Memorandum, and this administrative action stands until set aside by judicial review. The Court found that the trust's assets and circumstances had changed significantly since its creation, and the original testamentary provisions were no longer practical or determinative. The power to dissolve the trust under clause H of the 1980 Trust Deed necessarily included the power to amend it. The Court rejected the Appellant's relianc…
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H v H and Others (35593/2014) [2015] ZAGPJHC 69 (17 April 2015)
The court found that the reference to 'shares in and loans to Autocom' in the testator's will created a latent ambiguity, as the testator did not own shares in Autocom (Pty) Limited but in Autocom Holdings (Pty) Limited. Considering the language of the will, its context, and the undisputed facts, the court concluded that the testator intended to bequeath the shares in Autocom Holdings to the trustees for the benefit of the applicant, not for the shares to fall into the residue of the estate. The court applied a benevolent interpretation to give effect to the testator's intention and held that…
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