18/01/2024
2024 STARTED OFF WITH A BANG!
After an extremely successful 2023-litigation year with a couple of judgements obtained (more information to be posted soon!), the year kicked off with a successful opposing of a Removal of Executor Application and the game-changing order we obtained against the Master Pretoria regarding the Marital Status on a Death Certificate.
1. In the case of Afriforum NPC; Solidarity Trade Union; and Others vs Van der Walt; Bouwer; and Others, the Applicants sought an order to remove Mr Van der Walt as Executor from his father's estate and Trustee of the Testamentary Trust. The Applicants failed to prove their case and, in certain instances, relied on hearsay evidence. Judge Potterill ruled that the Application be dismissed with costs with the Applicants to pay the costs jointly and severally.
2. In the case of WF Bouwer vs The Master Pretoria (dated 17 January 2024), the High Court Pretoria granted a general declaratory order to the effect that the Master should IGNORE the marital status of a Death Certificate in considering the appointment of an Executor.
This has been a serious issue for practitioners across South Africa the last couple of years, as the IT infrastructure of the Department of Home Affairs are outdated, which affects the reporting of a deceased estate and ultimately the administration of the estate.
Well done to our litigation team and everyone involved on these two matters!! Keep on the good work!
Team WFB
