M M M v Z M (31 May 2021)
Tuesday, 27 September 2022
- Published in 2022, City Of Johannesburg, Estates and Trusts, News
No Comments
Customary Divorces and Women’s Rights in South Africa when getting divorced
Friday, 04 March 2022
- Published in 2022, Customary Marriage, Estates and Trusts, News
Britz NO v Strydom and Another (2849/2018) [2019] ZAECPEHC 17 (29 March 2019).
Tuesday, 16 April 2019
SUMMARY The Applicant in this matter, as the nominated executrix of her deceased husband’s estate, sought an order of ejectment, by the High Court of the Eastern Cape Local Division, against the First Respondent in respect of premises previously owned by the deceased. The First Respondent is the deceased’s nephew and heir of the only
- Published in 2019, Estates and Trusts, News
Standard Bank of South Africa Ltd v Swanepoel NO 2015 (5) SA 77 (SCA)
Tuesday, 25 September 2018
SUMMARY This case is an appeal from the decision that was made by the Gauteng Division of the High Court, Pretoria. The question in this appeal is whether a duly registered trust can be named a party to a contract, concluded by the sole trustee on its behalf. If not, then the Respondent, Gerhardus Joshua
- Published in 2018, Estates and Trusts
Osborne v Cockin NO & Others (549/2017) [2018] ZASCA 58 (17 May 2018)
Wednesday, 06 June 2018
SUMMARY Osborne (the appellant) brought an application in the Eastern Cape High Court for the sequestration of the Cockin Trust. Shaun Cockin had committed suicide and it had come to light that he had defrauded a number of businessman, including Osborne. Osborne alleged that the Cockin Trust was nothing more than an alter ego of
- Published in News, 2018, Estates and Trusts
Scoin Trading v Bernstein (29/10) [2010] ZASCA 160 (1 December 2010)
Wednesday, 30 May 2018
SUMMARY The appellant in this matter is Scoin Trading, a company that trades in coins and similar items. Gregory John Till (the deceased) was an avid coin collector who had purchased some gold coins and medallion from the appellant. During August 2007, deceased entered into an agreement with the appellant to purchase a rare ZAR
- Published in News, 2018, Estates and Trusts
Mandela v Executors Estate Late Nelson Rolihlahla Mandela and Others (131/17) [2018] ZASCA 2 (19 January 2018)
Thursday, 10 May 2018
BACKGROUND On 5 December 2013, Mr Nelson Rolihlahla Mandela (“Mr Mandela”) passed on and left behind a Last Will and Testament (the “Will”) in which he bequeathed his property to his Family Trust. This property was donated to Mr Mandela by the Minister of Land Affairs (the “Third Respondent”) during the time when a final
- Published in 2018, Estates and Trusts, News, Property Law
Case Note: Laubscher N.O. v Duplan and Another [2016] ZACC 44
Wednesday, 12 July 2017
Summary BACKGROUND The applicant sought leave to appeal directly to the Constitutional Court in terms of section 167(6)(b) of the Constitution, against an order handed down by the Honourable Muller AJ in the Gauteng Division of the High Court, Pretoria. The principle issue before the High Court was the question of whether the respondent, who
- Published in 2016, Estates and Trusts
Case Note: Kriel v Terblanche 2002 (6) SA 132 (NCD) (15)
Wednesday, 12 July 2017
Summary The Applicant wanted to donate his farm to his grandchildren, but in order to avoid the tax implications thereof, he established a trust to which the farm was transferred. The agreement for the purchase of the farm was signed by one of the trustees prior to either of them being authorised to act as
- Published in 2016, Estates and Trusts
Case Note: Nedbank Ltd v Steyn and Others 2016 (2) SA 416 (SCA)
Friday, 30 June 2017
Summary The deceased, Mr Steyn, passed away still owing money to the Applicant in terms of a loan agreement based on a fully bonded immovable property. The Second Respondent was the executrix of Mr Steyn’s estate. The Applicant claimed the money from the estate in terms of the common law. The Respondents’ argued that the
- Published in 2016, Estates and Trusts
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