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South Africa Case Law

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Civil Procedure [2022] ZAGPJHC 346

Maqubela and Another v Master of the Gauteng Local Division Johannesburg and Others (2018/40955)

Maqubela and Another v Master of the Gauteng Local Division Johannesburg and Others (2018/40955) [2022] ZAGPJHC 346; 2022 (6) SA 408 (GJ) (19 May 2022)

Court
South Gauteng High Court, Johannesburg
Case number
2018/40955
Judge
Moorcroft

The court held that the proceeds of the Liberty Life Policy did not form part of the joint estate, as the rights to the death benefit only arose after the death of the insured, at which point the joint estate ceased to exist. The Master of the High Court erred in treating the policy proceeds as joint estate assets and failed to apply the correct legal principles and case law. The third respondent's argument based on insurable interest was rejected, as entitlement to policy proceeds depends on nomination or succession law, not merely on insurable interest arising from marriage. The application…

Source excerpt

  • Administration Of Estates Act
  • Community Of Property
  • Life Policy Proceeds
  • Intestate Succession Act
  • Unworthiness To Inherit
  • Law Of Evidence
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Civil Procedure [2008] ZAWCHC 35

Danielz N.O v De Wet and Another; De Wet and Danielz N.O and Another (2944/06)

Danielz N.O v De Wet and Another; De Wet and Danielz N.O and Another (2944/06) [2008] ZAWCHC 35; [2008] 4 All SA 549 (C) 2009 (6) SA 42 (C) (19 June 2008)

Court
Western Cape High Court, Cape Town
Case number
2944/06
Judge
Traverso

The court found that Mrs. De Wet, having conspired to grievously assault the deceased and actively facilitated the attack, is unworthy to benefit from the life insurance policies or the deceased's estate. Public policy precludes her from claiming the proceeds, even though she did not intend or foresee the death. The maxim excluding unworthy heirs applies, and her conduct offends the boni mores of society. The court further held that the proceeds of the policies do not form part of the joint estate, as the rights only arise upon death, which terminates the joint estate. Additionally, Mrs. De W…

Source excerpt

  • Insurance Beneficiary Entitlement
  • Public Policy Exclusion
  • Prescription Of Claims
  • Unworthiness To Inherit
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.