Case Law

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 (202/2017) ZASCA 88 (31 May 2018) proves an interesting read. Mr Merglen...

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 of the values of the estates on date of marriage and that this...

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 full purchase price by a certain date to the seller’s attorney. The...

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, was denied access to the farm by the Trustees. The court emphasised that...

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 general rule in this regard that, where a testator dies leaving more...

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 organisations and persons in the business of money lending but to any...

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 children and descendants. The court used the relevant law operative in...

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 summons for a claim for repayment) begins running from the date that the...

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 respect the Trust as being separate to that spouse and would not...