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M-S and Another v Le Mottee and Others (64484/2020; 10475/2021) [2021] ZAGPPHC 620 (21 September 2021)
The High Court dismissed urgent consolidated applications to remove executors of an estate and to interdict estate dealings, finding no basis under section 54 of the Administration of Estates Act.
Mlunguza and Another v Master of the High Court and Another (21755/2018) [2020] ZAWCHC 6 (11 February 2020)
The Master’s removal of the first applicant as executor was invalid both substantively and procedurally. Substantively, the Master relied on complaints and an interdict, not on statutory incapacity as required by s 54(1)(b)(iv) of the Administration of Estates Act. Procedurally, the Master failed to provide the mandatory notice and opportunity to apply to court under s 54(2). However, the first applicant was in fact absolutely incapacitated from serving as executor testamentary because he witnessed the will, which disqualified him under s 4A of the Wills Act. Given this absolute incapacity an…
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