Jones v Pretorius NO

The deceased, Mr Wilhelm Petrus Meyer, died in December 2012. His surviving spouse, Mrs Meyer, was nominated executor in their joint will, with the appellant, a chartered accountant, appointed as her agent to administer the estate. Mrs Meyer granted the appellant a power of attorney, entitling him to executor’s fees. Mrs Meyer was formally appointed executor by the Master in April 2013 but died in September 2013. Despite the termination of the agency relationship upon her death, the appellant continued administering the estate and paid himself a total of R1 148 828.13 from estate funds between March 2014 and May 2015, purportedly as executor’s fees and related charges. These payments were made without Master’s approval and before lawful distribution of the estate. The respondent, Ms Pretorius NO, was appointed executor in April 2016 and demanded repayment. When the appellant refused, she instituted proceedings for recovery of the amounts.

The appeal was dismissed with costs. Applications for condonation were granted, with each applicant ordered to pay the costs of their respective applications.

The case clarifies that section 50(b) of the Administration of Estates Act does not apply to unlawful appropriations of estate funds by unauthorised persons. It affirms the broad common-law and statutory powers and duties of an executor to recover estate assets, reinforcing the principle that estates are not left remediless where funds are misappropriated outside the formal distribution process.