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Reported
Applicant may not claim a s7(7) pension share after the joint estate was already divided; application dismissed with costs.
• Family law – Divorce Act s 7(7) – pension interest deemed part of patrimonial benefits – availability depends on joint estate not yet being divided.
• Family law – Division of joint estate – effect of subsequent settlement agreement precludes later s7(7) relief.
• Civil procedure – necessary parties – executor of deceased estate required where deceased’s prior agreement is impugned.
• Pension funds – payment of death benefits and delay in prosecution relevant to discretionary costs order.
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