06/10/2026 Bertus Preller Accrual Calculation, Accrual Calculator, Accrual claims, Accrual system, Curator Ad Litem, Direct and substantial interest, Discretionary family trust, Divorce, Divorce and trusts South Africa, Joinder of beneficiaries, Joinder of trustees, Locus standi of beneficiary, Matrimonial Property Act 88 of 1984, Rule 10 Uniform Rules of Court, Section 13 Trust Property Control Act, Sufficient interest in trust, Termination of trust, Trust joinder divorce, Trust Property Control Act 57 of 1988, Trusts, Trusts, Variation of trust provisions : joinder of trust in divorce, accrual system, amendment of particulars of claim, curator ad litem, de facto control of trust, direct and substantial interest, discretionary family trust, divorce and trusts South Africa, duties of trustees, family law South Africa, inherited farm, joinder of beneficiaries, joinder of mortgagee, joinder of trustees, locus standi of beneficiary, Master of the High Court, Matrimonial Property Act 88 of 1984, minor beneficiaries, non-joinder, Northern Cape High Court, points in limine, Rule 10 Uniform Rules of Court, Rule 28 amendment, section 13 Trust Property Control Act, substantially the same question of law or fact, sufficient interest in trust property, termination of trust, Trust Property Control Act 57 of 1988, variation of trust provisions Joining a Family Trust to a Divorce: Why Rule 10 Shut the Door in S[…] v S[…] and Others: In re: S[…] v S[…] (2115/2020) [2026] ZANCHC 86 (5 October 2026). An Inherited Farm, a Discretionary Family Trust and a Marriage at an End: The Facts In S v S and Others: In re: S v S (2115/2020) ZANCHC 86 (5… READ MORE
29/06/2025 Bertus Preller Costs, Customary Law, Customary Marriages, Motion Proceedings, Plascon Evans Rule, Punitive Cost Orders, Recognition of Customary Marriages Act affidavit conflict, ancestral law, Black Administration Act, civil marriage, customary marriage, customary rites, Deane AJ, estate administration, executor appointment, family law litigation, Germiston, High Court Free State, inheritance law, KwaZulu Natal, legal burden of proof, legal recognition, lobolo, Marital Disputes, marital status dispute, marriage registration, Master of the High Court, matrimonial property, Moloi v Nkosi, motion proceedings, Plascon-Evans rule, QwaQwa, RCMA 120 of 1998, South African Family Law, Zulu marriage customs Moloi v Nkosi and Others (1713/2025) [2025] ZAFSHC 153 (15 May 2025): Customary Marriage Claims Undone by Motion Proceedings and the Plascon-Evans Rule. The Factual Matrix: Competing Marital Claims and the Legacy of Customary Law At the heart of Moloi v Nkosi and Others (1713/2025) ZAFSHC 153 (15 May 2025) lies a bitter… READ MORE
29/06/2025 Bertus Preller Customary adoption, Inheritance rights, Intestate Succession, Master of the High Court, South African succession law 2009 succession law, adoption formalities, cultural legal norms, customary adoption, customary law adoption, customary legal obligations, Eastern Cape High Court, family inheritance law, indigenous legal systems, inheritance disputes, inheritance rights, intestate estate disputes, intestate heirs, intestate succession, legal definition of descendant, legal descendants, Maneli case, Master of the High Court, Maswanganyi case, Plascon-Evans rule, Reform of Customary Law Act, South African Family Law, South African succession law, succession and customary law, Tshali v Nandi, Ubuntu and law, Ubuntu in law, Xhosa customary law, ZAECMHC 39 When Ubuntu Is Not Enough: Customary Adoption and Succession Rights Examined in Tshali and Another v Nandi and Others (5307/2022) [2025] ZAECMHC 39 (20 May 2025). The Factual Matrix: Customary Bonds, Competing Heirs and a Contested Legacy The dispute in Tshali and Another v Nandi and Others (5307/2022) ZAECMHC 39 arose from a heartfelt claim by… READ MORE