Ex Parte Dittmarn

In Ex Parte Dittmarn is an important case in the South African law of succession. The testator’s will provided that a farm should be sold by public auction. A sale was advertised, but the highest bid was not considered high enough to be a true reflection of its value. The farm was therefore withdrawn and sold out of hand for a price considerably higher than the bid. The court confirmed this sale to be valid, as sale by public auction would have resulted in serious loss.