Jones v Pretorius NO (281/2019) [2020] ZASCA 113 (29 September 2020)

Flynote

Deceased estate – agent appointed to administer estate on behalf of executor – agency terminated upon death of executor - subsequent payments by agent from estate funds to himself – not recoverable under s 50(b) of Administration of Estates Act 66 of 1965 – remedy under s 50(b) not limited to condictio indebiti – payments constituted unlawful appropriations of estate funds – recoverable by new executor by reason of powers and duties attached to office of executor.


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  1. Superior Courts Act, 2013

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