Case Law
Naidoo v Discovery Life Confirmation that the proceeds of a Life Policy fall outside the Joint Estate of Spouse Married IN CoP
CDH DISPUTE RESOLUTION ALERT by Luanne Chance and Sian Williams Till death do us part Intersecting insurance law and matrimonial property law, the judgment of Naidoo v Discovery Life & others...
E v E (4387/2017P) [2019] ZAKZPHC 40 (3 June 2019)
In this case, the court confirmed the approach of adopted by some courts and held that the commencement values stated in the ANC for the purposes of the accrual calculation is just prima facie proof...
Agu v Krige and Others (20763/2017) [2019] ZAWCHC 46 (28 March 2019)
The purchaser approached the court for an order compelling the seller to transfer to her the sectional title unit that she had purchased from him. The deed of sale required the purchaser to pay the...
Joan Cynthia Griessel NO & others v De Kock (334/18) [2019] ZASCA 95 (6 June 2019)
A “potential beneficiary” of a family Trust had previously been permitted by the Trustees to access a holiday farm owned by the Trust (through a company) but, after a falling out with his family,...
Pienaar v Master of the Free State High Court (579/10) [2011] ZASCA112 (01 June 2011)
In this case the court was faced with two Wills executed by the Testator a year apart. There was no express revocation (cancellation) of the earlier Will in the later Will. The court confirmed the...
Du Bruyn NO & others v Karsten (929/2017) [2018] ZASCA 143 (28 September 2018)
In this case the court reviewed the circumstances under which a lender has to register as a “credit provider” in terms of the National Credit Act. The court held that the Act applied not just to...
Gavin Charlton Harvey NO v Georgina Elizabeth Crawford NO (1016/2017) [2018] ZASCA 147 (17 October 2018)
In this case the court viewed a Trust Deed to determine whether the Founder, in using the words ‘children’, ‘issue’, ‘descendant’, ‘legal descendant’ in the Trust Deed, intended to benefit adopted...
Trinity Asset Management (Pty) Limited v Grindstone Investments 132 (Pty) Limited [2017] ZACC 32
The importance of this case is that the Constitutional Court held that for loans which are “repayable on demand”, the period of extinctive prescription of three years (within which you must issue...
WT & others v KT (933/2013)[2015] ZASCA 9 (13 March 2015)
The importance of this case is that the court held that if one of the spouses in a marriage in community of property had used a Trust as part of their Estate Planning to hold assets, the law would...