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deceased estates Articles

Is the Master’s Decision to Uphold an Objection on Habitatio Justified?

Discover the court’s reasoning in the case of Maree v Master of High Court, Bloemfontein [2024] ZAFSHC 154, which addresses the right of habitatio under a will and ante-nuptial contract. Learn how the court set aside the Master’s decision to uphold an objection to the applicant’s claim, ensuring justice in estate administration.

Can A Permanent Life Partner Claim From the Estate of a Deceased Married Individual?

Explore the South Gauteng High Court’s decision in Gasa v Master of the High Court, examining the inheritance rights of permanent life partners in contrast with legally married spouses under South African law.

Can a Court Recognize an Oral Dying Wish for Asset Distribution? Insights from Mthimunye v Kabini and Another

Discover the implications of the North Gauteng High Court’s decision in Mthimunye v Kabini and Another on oral dying wishes and the potential evolution of common law to honour the sanctity of last wishes in estate distribution.

Unwitnessed Wills and the Tug-of-War for Inheritance: A Legal Insight

Discover the intricacies of Mohanoe and Others v Master of the High Court [2024], a landmark case on the validity of unsigned Wills and the role of an executrix, highlighting the importance of proper Will execution and impartial estate administration in Johannesburg’s High Court.