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(“the Act”). The Act governs the conduct of executors in deceased estates.
In considering the removal of an executor, our courts have however pertinently
held that an executor cannot be removed because of a mere hostility between
the executor and other interested parties, but that an elevated standard would be
required to be met before an executor may be removed, which standard would
include conduct such as dishonesty, gross inefficiency and untrustworthiness.
The court must be satisfied that it is undesirable for the executor to continue
acting as executor.
In a recent court case where beneficiaries applied to court for the removal of
an executor because of discontent with the conduct of the executor, our courts
confirmed the position that mere unhappiness and even inefficiency on the
side of the executor did not warrant the removal of the executor. Our courts
see such interference with the management of the estate of a deceased in a
serious light, particularly as such course of action would upset the deliberate
selection by a deceased of the executor to carry out his or her wishes.
In the view of our courts, the Act provides for other remedies for beneficiaries
other than having the executor removed from his office. Such remedies include
for example, that the Master or another person (such as a beneficiary) can
apply to court for an order directing the executor of an estate to perform his
duty or comply with a demand or requirement of the Act, including if necessary,
recovering the costs of such an application from the executor personally.
Our advice would be to seek legal advice to help you evaluate the actions of
the executor which is a cause of concern to help you determine the appropriate
remedy to apply in your specific situation.

Does prescription apply to crimes?

Neo Madlala
June 2018 Litigation

“Of late there has been quite a number of media reports locally and
internationally of victims of rape or sexual assault coming forward with claims
of abuse having occurred many years ago. I know that debts can prescribe,
but was wondering if criminal charges can also prescribe?”
Prescription in the general legal sense speaks to the time in which one can
claim from another for a specific debt, and if not done, that claim can prescribe
(fall away). Generally, for civil claims, a well-known period of three years applies.
But does criminal law have the same prescriptive periods?

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