South Africa Case Law

Jones v Pretorius NO (281/2019)

Jones v Pretorius NO (281/2019) [2020] ZASCA 113; 2022 (1) SA 132 (SCA) (29 September 2020)

Court

Supreme Court of Appeal

Case number

281/2019

Judges

Saldulker, Van der Merwe, Dlodlo, Goosen, Mabindla-Boqwana

The appellant’s agency to administer the estate terminated upon the death of the original executor, Mrs Meyer. Thereafter, the appellant had no authority to act for the estate or to make payments from estate funds. The payments made to himself constituted unlawful appropriations. Section 50(b) of the Administration of Estates Act does not apply to such appropriations, as it is limited to distributions made by an executor or duly authorised agent. However, the powers and duties attached to the office of executor entitle and oblige the respondent, as the newly appointed executor, to recover ass…

Source excerpt

• Administration Of Deceased Estates
• Executor Remuneration
• Agency Termination
• Unlawful Appropriation Of Estate Funds