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South Africa Case Law

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Land And Property [2025] ZAFSHC 22

K.M v Master of the High Court: Free State, Bloemfontein and Others (592/2024)

K.M v Master of the High Court: Free State, Bloemfontein and Others (592/2024) [2025] ZAFSHC 22 (28 January 2025)

Court
Free State High Court, Bloemfontein
Case number
592/2024
Judge
Opperman

The High Court dismissed an application to have an unsigned 2018 draft declared the deceased’s will under section 2(3) of the Wills Act, finding no proof of testamentary intent.

  • Wills Act Section 2 3
  • Validity Of Wills
  • Condonation Of Late Filing
  • Appointment Of Executrix
  • Wills-act-section-2-3
  • Validity-of-wills
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Civil Procedure [2024] ZAGPJHC 1079

Sauer v Pollock NO and Others (2024/107486)

Sauer v Pollock NO and Others (2024/107486) [2024] ZAGPJHC 1079 (24 October 2024)

Court
South Gauteng High Court, Johannesburg
Case number
2024/107486
Judge
S D J Wilson

Urgent application struck off where the challenged will was already rejected by the Master, and no basis was shown to set aside the executrix appointment.

  • Validity Of Wills
  • Curatorship
  • Urgent Interdict
  • Appointment Of Executrix
  • Urgent-application
  • Wills-and-estates
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Family And Children [2024] ZAGPJHC 906

Mavuso v Ndaba and Others (45990/2021)

Mavuso v Ndaba and Others (45990/2021) [2024] ZAGPJHC 906 (6 September 2024)

Court
South Gauteng High Court, Johannesburg
Case number
45990/2021
Judge
Fisher

The High Court dismissed a challenge to a 2016 will, finding no proof of forgery and accepting that the deceased validly left her property to the defendant.

  • Validity Of Wills
  • Testamentary Capacity
  • Forgery Of Will
  • Succession
  • Estate Administration
  • Validity-of-wills
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Land And Property [2024] ZAGPJHC 661

Genlloud and Others v Van Der Merwe and Others (39708/2020)

Genlloud and Others v Van Der Merwe and Others (39708/2020) [2024] ZAGPJHC 661 (20 June 2024)

Court
South Gauteng High Court, Johannesburg
Case number
39708/2020
Judge
Moila

The High Court dismissed a family challenge to wills and a property sale, finding no proof of lack of testamentary capacity and that the claim had prescribed.

  • Testamentary Capacity
  • Validity Of Wills
  • Intestate Succession
  • Prescription
  • Sale Of Land
  • Estate Administration
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Civil Procedure [2023] ZAFSHC 298

Pretorius and Another v Malan and Others (1503/2023)

Pretorius and Another v Malan and Others (1503/2023) [2023] ZAFSHC 298 (31 July 2023)

Court
Free State High Court, Bloemfontein
Case number
1503/2023
Judge
Mhlambi

The court referred a dispute about the validity of a later will to oral evidence, finding the factual conflict could not be resolved on affidavit alone.

  • Validity Of Wills
  • Motion Proceedings
  • Oral Evidence
  • Revocation Of Wills
  • Validity-of-wills
  • Oral-evidence
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Civil Procedure [2023] ZAGPJHC 235

Schepers v Wilhemina N.O. and Others (37609/2021)

Schepers v Wilhemina N.O. and Others (37609/2021) [2023] ZAGPJHC 235 (16 March 2023)

Court
South Gauteng High Court, Johannesburg
Case number
37609/2021
Judge
M A Makume

The High Court upheld key exceptions and dismissed a claim challenging a liquidation account and will acceptance for failure to follow statutory procedures.

  • Administration Of Estates Act
  • Exception Procedure
  • Validity Of Wills
  • Liquidation And Distribution Account
  • Estate-administration
  • Exception-procedure
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Family And Children [2022] ZAGPJHC 561

Dire v Dire and Others (43142/2018)

Dire v Dire and Others (43142/2018) [2022] ZAGPJHC 561 (17 August 2022)

Court
South Gauteng High Court, Johannesburg
Case number
43142/2018
Judge
Nochumsohn

The court dismissed a challenge to a joint will, finding the handwriting evidence unreliable and accepting the witnesses’ testimony that the will was duly signed.

  • Validity Of Wills
  • Forgery Of Signatures
  • Intestate Succession
  • Expert Evidence
  • Costs Orders
  • Validity-of-wills
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Civil Procedure [2020] ZALMPPHC 67

Elmarie Bierman Attorneys and Another v Kutu and Others (6114/2018, HCAA11/2019)

Elmarie Bierman Attorneys and Another v Kutu and Others (6114/2018, HCAA11/2019) [2020] ZALMPPHC 67 (19 August 2020)

Court
Limpopo High Court, Polokwane
Case number
HCAA12/2019
Judges
E.M. Makgoba, M.F. Kganyago, M. Naude

High Court appeal set aside an order invalidating a will after finding materially different founding affidavits and procedural irregularity. Matter was sent back for rehearing.

  • Validity Of Wills
  • Letters Of Executorship
  • Fraudulent Misrepresentation
  • Audi Alteram Partem
  • Costs De Bonis Propriis
  • Wills-and-estates
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Family And Children [2020] ZAWCHC 57

Kriel v Master of the High Court and Others (22759/12)

Kriel v Master of the High Court and Others (22759/12) [2020] ZAWCHC 57 (30 June 2020)

Court
Western Cape High Court, Cape Town
Case number
22759/12
Judge
O L Rogers

The court set aside two 2018 wills for lack of testamentary capacity and upheld a 2005 will as the deceased’s last will, with costs against the opposing respondents.

  • Testamentary Capacity
  • Validity Of Wills
  • Costs Orders
  • Personal Liability For Costs
  • Testamentary-capacity
  • Validity-of-wills
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Family And Children [2015] ZAKZDHC 65

Young v Master of the High Court, Durban and Others (8502/2015)

Young v Master of the High Court, Durban and Others (8502/2015) [2015] ZAKZDHC 65 (28 August 2015)

Court
Kwazulu-Natal High Court, Durban
Case number
8502/2015
Judge
Jeffrey AJ

The High Court refused to accept an unsigned electronic attachment as the deceased’s will, finding no proof he drafted it personally or intended it as his will.

  • Wills Act Section 2 3
  • Validity Of Wills
  • Electronic Documents As Wills
  • Formalities Of Execution
  • Electronic-documents-as-wills
  • Validity-of-wills
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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.