Govindasamy and Another v Pillay and Others (D7270/2015)
Govindasamy and Another v Pillay and Others (D7270/2015) [2020] ZAKZDHC 49 (12 October 2020)
The court found that the animosity and inability of the heirs to agree on the sale or value of the property constituted unforeseen circumstances not contemplated by the testator. This justified a departure from the will’s prohibition on sale without mutual consent. The court held that the property should first be offered to either heir at a fair market value, as determined by independent valuations (R710 000), within a reasonable period (30 days). If neither heir purchases, the executor is authorised to sell the property by public auction or private treaty at not less than the determined valu…
Source excerpt
- Variation Of Will
- Executor Powers
- Sale Of Estate Property
- Administration Of Estates Act
- Testamentary Dispute