- Sale or transfer of the Morare family home is suspended until the court decides which Will is valid.
- Judge N Nthambeleni found the applicants face immediate, ongoing, and irreparable harm if the property is sold.
- The first respondent’s attorney is referred to the Legal Practice Council for appearing unrobed and delaying proceedings.
Pamela and Sannah Morare have secured an important win in their urgent request to protect their late father’s estate.
In a judgment delivered on 19 November 2025 in the High Court, Johannesburg, Acting Judge N Nthambeleni granted an interim order preventing the transfer or sale of their family home. This order will remain in place until the court decides which of the two competing Wills governs the estate of the late Simon Morare.
The Morare family’s inheritance dispute reached the High Court after the death of the father, Simon. Two testamentary documents were lodged with the Master of the High Court.
Pamela and Sannah, the daughters of the deceased and applicants in the matter, argued that they are beneficiaries under one Will.
On the other hand, the executrix, Peggy Morare, who is the widow of the late Simon and the first respondent, proceeded with estate administration according to another Will. The dispute grew when the applicants learned the executrix intended to sell the family home.
Judge finds immediate, ongoing, and irreparable harm
The applicants filed an urgent request for an interdict to prevent the property’s transfer or sale and to stop the finalisation of the estate. Judge Nthambeleni stated that the harm the applicants anticipated is immediate, ongoing, and irreparable. Once the property is sold and transferred, it would be impossible to return to the previous state.
The court confirmed that the requirements for an interim interdict were met. These include a prima facie right, a credible fear of irreparable harm, the balance of convenience favouring the applicants, and no other satisfactory remedy.
Judge Nthambeleni wrote: “I find that the matter is urgent and warrants inclusion on the urgent roll.”
Attorney’s conduct disrupts urgent proceedings
During the hearing, the court addressed a serious issue regarding the conduct of the first respondent’s attorney, who appeared without being properly robed. The judgment records: “This conduct by the attorney to appear in such fashion caused unnecessary delay to the hearing and showed discourtesy both to the court and to opposing parties.” The judge referred the attorney’s actions to the Legal Practice Council under section 55 of the Legal Practice Act.
The interim order means that the Morare family home cannot be transferred, sold, or otherwise disposed of until the High Court decides which Will is valid. Pamela and Sannah were allowed to add to their legal submissions within 15 days. The court ordered Peggy to pay the costs of the urgent request on a punitive scale.
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