Read Aloud the Text Content

This audio was created by Woord's Text to Speech service by content creators from all around the world.

Text Content or SSML code:

PRIVATE LAW 171: Case SummaryEx parte Pieters 1993 (3) SA 379 (D) Facts of the case: oThe applicant’s father disappeared in 1975. oThe applicant’s mother died and left a sum of money to his (the applicant’s)father. oThe applicant applied for and order to either:a) an order of presumption of death b) an order compelling the Master of the High Court to effectively make a payment to him and his siblings, subject to them providing security. oThere was no evidence that would indicate that the applicant’s father is possibly dead, except his age (73). oThe court did not issue the presumption of death but authorized the Master of the High Court to distribute the money equally between the applicant and his siblings without the necessity of providing security. Legal question:Under what circumstances will the court grant an order of presumption of death? Ratio decidendi:oThe court held that, taking all the known information into account, the information is not enough to presume the person in question as dead. oJudge Alexander J referred amongst other cases to Re Beaglehole and held that he knows of no rule which would require to court to presume death only on the lapse of years. Decision:oJudge Alexander J held that no presumption of death will be ordered because the applicant’s argument is not strong enough to order a presumption of death. oThe Master is authorised to distribute the amount of R6148.14 equally between the applicant and his siblings.