Geza and Others v Standard Trust Limited and Others (3534/2021) [2023] ZAECQBHC 15 (14 March 2023)

Geza and Others v Standard Trust Limited and Others (3534/2021) [2023] ZAECQBHC 15 (14 March 2023)

The court held that the wording of the joint will is clear and unambiguous: 'our children' refers to all children of the testators, regardless of whether they were born within or outside of marriage. Section 2D of the Wills Act mandates that children born out of wedlock must be treated equally for succession purposes unless the context of the will indicates otherwise. The will application form does not create a latent ambiguity, nor does the evidence of the testator's relationship with Mr John justify exclusion. The applicants' reliance on extrinsic evidence and the will application form cannot override the statutory presumption and the clear language of the will. The application for a...

Citation
[2023] ZAECQBHC 15
Parties
Applicant: Lutho Geza; Applicant: Amanda Nyoni (born Mnyazi); Applicant: Ayabonga Geza; Respondent: Standard Trust Limited; Respondent: Vuyolewthu John; Respondent: The Master of the High Court, Gqeberha
Court
Eastern Cape High Court, Gqeberha
Jurisdiction
South Africa
Judgment Date
14 March 2023
Case Number
3534/2021
Procedural Posture
Civil Application / Opposed Motion; Application and Counter Application for Declaratory Relief
Outcome
Application dismissed; counter-application granted; no order as to costs except wasted costs for postponement.
Judges
J W Eksteen, R E Griffiths
Legal Topics
Will Interpretation, Joint Will, Children Born Out of Wedlock, Succession, Declaratory Relief
Family and Children Land and Property Will Interpretation Joint Will Children Born Out of Wedlock Succession Declaratory Relief

Case Brief

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Parties

Lutho Geza

Applicant

Amanda Nyoni (born Mnyazi)

Applicant

Ayabonga Geza

Applicant

Standard Trust Limited

Respondent

Vuyolewthu John

Respondent

The Master of the High Court, Gqeberha

Respondent

Procedural Posture

Civil Application / Opposed Motion; Application and Counter Application for Declaratory Relief

Legal Issues

  1. 1 Whether the words 'our children' in clause 1.1 of the joint will include children born out of wedlock to either testator.
  2. 2 Whether extrinsic evidence may be admitted to interpret the will beyond its clear wording.
  3. 3 Whether the will application form creates a latent ambiguity regarding the heirs.

Ratio Decidendi

The court held that the wording of the joint will is clear and unambiguous: 'our children' refers to all children of the testators, regardless of whether they were born within or outside of marriage. Section 2D of the Wills Act mandates that children born out of wedlock must be treated equally for succession purposes unless the context of the will indicates otherwise. The will application form does not create a latent ambiguity, nor does the evidence of the testator's relationship with Mr John justify exclusion. The applicants' reliance on extrinsic evidence and the will application form cannot override the statutory presumption and the clear language of the will. The application for a...

Court Disposition

Application dismissed; counter-application granted; no order as to costs except wasted costs for postponement.

Orders

  • The application is dismissed.
  • It is declared that the words 'our children' in clause 1.1 of the written Joint Will of Patience Nothemba Geza and Mzimkhulu Wellington Geza, dated 3 June 2008, includes Vuyolwethu John.