In the case of Pitso and Others v Chabeli Molatoli Attorneys
Incorporated, the Supreme Court of Appeal ("the
SCA") held that attorneys cannot interdict their
clients from terminating their mandate.
Background
Prior to the passing of the deceased, Mr Pisto
("the deceased") on 15 November 2021,
legal advice was sought from Molatoli Attorneys. The attorneys
assisted the deceased's widow, Mrs Pisto, in reporting the
estate to the Master of the High Court. On 18 November 2021, the
attorneys and Mrs Pisto concluded an agreement, in terms of which,
if Mrs Pisto was appointed to be the executrix of the
deceased's estate, the attorneys would be entitled to charge a
fee of 3.5% of the estate.
