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Groffler CC t/a Groffler Capital v Steenkamp and Others (27656/2010) [2010] ZAWCHC 362 (16 February 2010)
The court granted ABSA leave to intervene and ordered provisional sequestration after finding reason to believe creditors would benefit from sequestration.
Commissioner South African Revenue Services v Estate Late Streicher (194/03) [2004] ZASCA 126; 66 SATC 282 (31 May 2004)
The Supreme Court of Appeal held that the sale of the immovable property was not 'in the course of the liquidation of the estate' as contemplated by section 5(1)(a) of the Estate Duty Act. The sale was effected by the executor in his personal capacity and as representative of a beneficiary, not in his official capacity as executor. The sale was not necessary for the liquidation process, nor was it implemented as part of the executor's functions in liquidating the estate. The court distinguished between sales made 'during' liquidation and those made 'in the course of' liquidation, finding that…
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