Van der Merwe v De Klerk and Others (82534/2016)
Van der Merwe v De Klerk and Others (82534/2016) [2017] ZAGPPHC 593 (12 September 2017)
The Court found that the parties had no valid reason to deviate from the Will, and no challenge to its validity was raised. The executors failed to obtain approval from the Master for the Redistribution Agreement, and the Fourth and Fifth Respondents acted improperly in implementing it. The Court held that all transactions outside the Will were unauthorised and must be nullified. However, removal of the First Respondent as executrix was deemed unnecessary, as her primary function was to establish a Trust in terms of the Will. The administration of the estate must be restored to its position i…
Source excerpt
- Estate Administration
- Removal Of Executor
- Redistribution Agreement
- Will Interpretation
- Trust Registration
- Costs Order