Mei and Others v Mei and Others

The applicants are the grandchildren and widow-in-law of the late Mr Aubrey Gcinumzi Mei. After his death on 21 May 2025, disputes arose regarding control and management of a substantial property portfolio comprising properties owned by the Aubrey Mei Family Trust, AG Mei (Pty) Ltd, jointly owned properties, and assets personally owned by the deceased. The first respondent, a son of the deceased and the sole remaining trustee of the trust, assumed control over the properties and rental income. The applicants alleged that rental income was being collected and estate assets used without accounting, without an executor having been properly appointed, and contrary to the deceased’s will, which bequeathed his estate to a testamentary trust. They sought urgent interim relief to preserve the estate pending appointment of an executor. The first respondent denied dissipation, claimed authority as trustee, questioned the will’s validity, and disputed the applicants’ interests.

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

The case illustrates the High Court’s supervisory role in protecting deceased estates and trust assets pending formal administration. It reaffirms the principles governing urgent interim interdicts, highlights the fiduciary duties of trustees under the Trust Property Control Act, and demonstrates that courts will intervene where a trustee’s lack of transparency creates a reasonable risk of dissipation, even before final determinations on wills, executorship or ownership are made.