Ex Parte Sidelsky

In Ex Parte Sidelsky, an important case in the South African law of succession, the deceased made a provision in his will (executed in 1944) to pay his daughter £55 per month out of his deceased estate. In 1982, the daughter requested the court to increase this amount, as the Consumer Price Index (CPI) had increased by 825% between 1944 and 1982. The court held that the testator could not have envisaged such a large increase. Accordingly, the amount was increased to R1500 per month, and annual increases linked to the CPI were provided for.

See also

References
  • Ex parte Sidelsky 1983 (4) SA 598 (C).
  • Erasmus and De Waal. The South African Law of Succession. Butterworths. 1989. p 137.
  • The Law of South Africa. Butterworths. 1976. Volume 31. p 206.
  • Tony Honoré. The South African Law of Trusts. Third Edition. Juta & Co. 1985. p 406.
  • Levin v Levin 1984 (2) SA 298 at 304

Notes


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