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South Africa decisions
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Nkobane v Master of the High Court, Pretoria and Others (62377/2021) [2024] ZAGPPHC 717 (18 July 2024)
The High Court held that the 2018 will was the deceased’s last valid will and directed the estate to be administered under it, with costs against the estate.
Ngozo and Others v Ngozo and Others (36953/2019) [2023] ZAGPJHC 1039 (18 September 2023)
The court dismissed a challenge to a will but set aside a leasehold registration because the required Conversion Act inquiry had not been held.
Mokoena and Others v Masoeu and Others (2039/2022) [2023] ZAFSHC 97 (27 March 2023)
High Court interdict over estate assets was confirmed in amended form, but relief against unjoined business entities was refused. Costs were awarded against the estate.
Phanyane N.O. v Phanyane and Others (20/44545) [2022] ZAGPJHC 481 (11 July 2022)
The High Court held that a later-produced will was valid on its face, the Master lawfully withdrew the respondent’s authority, and the disputed title deed had to be cancelled.
Tshabalala and Others v Tshabalala and Others (38827/2016) [2019] ZAGPJHC 192 (28 June 2019)
The court dismissed a bid to cancel a title deed, holding that an earlier valid cession divested the original holder of rights and the alleged will could not assist.
Lemmer N.O v Master of the High Court, Cape Town and Others (15789/2015) [2016] ZAWCHC 16 (2 March 2016)
The court held that the applicant’s locus standi derives from her appointment as interim curator, which confers the right to approach the court for extension of powers in the interests of the estate. The court’s inherent jurisdiction allows it to grant supplementary powers to an interim curator where necessary for the preservation and advantage of the estate, especially when there is likely to be a delay in appointing an executor. The applicant has a sufficient interest in finalising the litigation, as only then can her appointment terminate and the estate be wound up. The Master’s refusal to…
Source excerpt
S.N.S and Another v Master of KwaZulu-Natal High Court, Pietermaritzburg and Others (3426/14) [2015] ZAKZPHC 45 (8 September 2015)
The court dismissed an application to remove an executor under section 54(1)(a)(v), finding no proved maladministration, conflict of interest, or prejudice to the estate.
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