Zinga Phakamisa Mei and Others v Phumelele Mei and Others

The applicants are grandchildren and the widow of a predeceased son of the late Mr Aubrey Gcinumzi Mei. After Mr Mei’s death in May 2025, disputes arose regarding control and administration of a substantial property portfolio consisting of properties owned by the Aubrey Mei Family Trust, AG Mei (Pty) Ltd, the deceased personally, and certain jointly owned properties. The first respondent, the deceased’s son and sole remaining trustee of the family trust, assumed control of rental properties and collected rental income without accounting to beneficiaries or depositing funds into a trust or estate account. The second respondent reported the estate and was purportedly appointed executrix, despite the existence of a will creating a testamentary trust and nominating different beneficiaries and trustees. The applicants alleged a risk of dissipation of estate assets and sought urgent interim relief to preserve the estate pending the appointment of an executor.

A rule nisi was issued against the first respondent, with immediate interim effect, interdicting him from dissipating or diminishing estate assets and rental income, ordering him to collect rental income from specified properties and deposit it into the company account at ABSA Bank, preserving the status quo of movable and immovable property, and requiring him to keep proper records available to the applicants. The applicants were ordered to pay the costs of the second and third respondents; the first respondent was ordered to pay the applicants’ costs, subject to confirmation on the return date.

The case reaffirms the application of established principles governing urgent interim interdicts in the context of deceased estates, trusts, and closely held companies. It highlights the court’s willingness to intervene to preserve estate assets where a trustee or family member exercises extensive control without transparency, and underscores trustees’ statutory duties under the Trust Property Control Act to safeguard and properly administer trust property.