Bank prevented from repossessing deceased's car as person’s legal personality stops upon death

THE High Court in the North West Province frowned upon an application by a bank that tried to repossess a car from a client who fell into arrears with her monthly instalments ~ all because she had died.

- ZELDA VENTER [e-mail]

Lilian Botsane honoured her monthly instalments with FirstRand Bank to finance her Ford Figo from the moment she bought it in October 2023.

Her account remained up to date until her death in January last year. Falling into arrears with the payment, the bank issued a summons against her to repossess the vehicle.

When the matter was called, the court was told by Botsanes elderly parents that she had passed away on January 23, 2024, which was several months before the summons was issued on August 22, the previous year.

Her parents, both of ill health, appeared notas parties to the proceedings but simply to assist the court by clarifying the circumstances of their daughter's death.

Counsel for the bank told the court that he had no prior knowledge of Botsane’s death. Service had consistently been served at the domicilium address chosen by the late Botsane, and the bank had no reason to believe that she was dead, the court was told.