Grobler v Master of the High Court and Others (645/2018) [2019] ZASCA 119 (23 September 2019).
Friday, 11 October 2019
SUMMARY The matter before the Supreme Court Appeal (the “SCA”) dealt with the question of whether an unsigned will constituted the deceased’s last will and testament. The Appellant in this matter is the deceased’s widow (his second wife) and the Respondents are the deceased’s biological children, born of his marriage to his first wife, as
- Published in 2019, Law of Succession
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Tshabalala and Others v Tshabalala and Others (38827/2016) [2019] ZAGPJHC 192 (28 June 2019)
Tuesday, 16 July 2019
SUMMARY In or about 1980, Richard Tshabalala passed away intestate and was survived by his seven children and his wife, Paulina Tshabalala. During his lifetime, he was issued with a regulation 8 certificate of occupation for the property he then resided on, by the West Rand Administration Board. (“the Board”) The certificate contained the names
- Published in 2019, Deceased Estates, News
Harvey NO and Others v Crawford NO and Others 2019 (2) SA 153 (SCA)
Wednesday, 05 June 2019
BACKGROUND AND SUMMARY In casu, the Supreme Court of Appeal (SCA) judgment deals with the interpretation of a Notarial Deed of Trust, whereby the court was tasked with determining whether the words ‘children’, ‘descendants’, ‘legal descendants’ and ‘issue’ was intended to benefit and include ‘adoptive children’. In this matter, a trust donor – Mr
- Published in Law of Succession, 2019, News, 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
