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South Africa decisions
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RB v ES (2321/2016) [2025] ZANCHC 68 (1 August 2025)
The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success or other compelling reason to hear the appeal.
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.
Matshwene N.O and Another v ABSA Bank Limited and Others (18797/2021) [2024] ZAGPPHC 864 (27 August 2024)
The court set aside documents used in a fraudulent reverse mortgage scheme, held that ownership never passed from the Babirwa Trust, and ordered re-registration of the property.
Sheriff, Bloemfontein West v Majiedt N.O and Another (1935/2021) [2023] ZAFSHC 493 (21 December 2023)
In an interpleader dispute, the court held that the Trust failed to rebut the presumption that movables in the debtor’s possession belonged to him.
Mitchell v Basson N.O and Others (B40218/2022) [2023] ZAGPPHC 1849 (30 October 2023)
The High Court granted interim protection over a Southdowns property and ordered sale proceeds held in trust pending related litigation.
Coetzer and Others v Coetzer (A85/19) [2022] ZAGPPHC 872 (8 November 2022)
The High Court varied an earlier appeal order under Rule 42(1)(b) to correct a patent error and substituted it with dismissal of all claims with costs.
B.B v F.D.B and Others (135/2019) [2022] ZAFSHC 261 (11 October 2022)
The High Court granted joinder of trustees to a divorce counterclaim, holding they had a direct and substantial interest in declaratory relief about trust-held property.
Bester N.O. and Another v Pieters (13994/2021) [2022] ZAWCHC 76; 2023 (1) SA 466 (WCC) (11 May 2022)
The High Court ordered the respondent to repay interest paid from trust sale proceeds, finding the funds belonged to the insolvent trust estate.
Victor and Another v Wonderhoek Farms (Pty) Ltd and Others (2145/2021) [2021] ZAFSHC 219 (7 September 2021)
The High Court dismissed an insolvent applicant’s bid for interim relief, holding that he lacked locus standi, the properties were not shown to be his estate, and all trustees had not been joined.
C M v E M (1086/2018) [2020] ZASCA 48; [2020] 3 All SA 1 (SCA); 2020 (5) SA 49 (SCA) (5 May 2020)
The Supreme Court of Appeal held that while the capital underlying the respondent's living annuities is owned by the insurer and not accessible to the annuitant, the respondent's right to future annuity payments constitutes an asset in his estate for purposes of accrual calculation upon divorce. The court rejected the argument that the annuities are 'trust property' under the Financial Institutions Act, finding no fiduciary relationship or statutory indication to that effect. The court distinguished Commissioner, South African Revenue Service v Higgo as dealing with a different type of annuit…
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