Harris v Assumed Administrator Estate Late Leslie MacGregor (304/85) [1987] ZASCA 54; [1987] 2 All SA 321 (A) (27 May 1987)

Harris v Assumed Administrator Estate Late Leslie MacGregor (304/85) [1987] ZASCA 54; [1987] 2 All SA 321 (A) (27 May 1987)

The court held that, according to Roman and Roman-Dutch law, when a testator dies leaving a valid will which later becomes inoperative due to a contingency not provided for, intestacy occurs at the moment the will fails, not at the testator's death. Therefore, the intestate heirs must be determined at the date when the will became inoperative. In this case, the contingency occurred when Alexander Gordon MacGregor died without lawful issue, rendering the will inoperative as to the trust capital. At that moment, the appellant became the sole intestate heir. The court rejected previous decisions that applied the date of the testator's death as universal, clarifying that such principle only...

Citation
[1987] ZASCA 54
Parties
Appellant: Shirley J Harris; Respondent: Assumed Administrator Estate Late Leslie MacGregor
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 May 1987
Case Number
304/85
Procedural Posture
Civil Appeal / Appeal From the Judgment of the Court a Quo
Outcome
Appeal upheld with costs. The appellant is declared the sole intestate heir and entitled to the trust capital.
Judges
Rabie, Jansen, Joubert, Grosskopf, Kumleben
Legal Topics
Intestate Succession, Vesting of Inheritance, Trust Capital Distribution
Land and Property Intestate Succession Vesting of Inheritance Trust Capital Distribution

Case Brief

Summary, issues, holding and outcome

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Parties

Shirley J Harris

Appellant

Assumed Administrator Estate Late Leslie MacGregor

Respondent

Procedural Posture

Civil Appeal / Appeal From the Judgment of the Court a Quo

Legal Issues

  1. 1 Whether the intestate heirs of the trust capital should be determined with reference to the date of the testator's death or the date of the death of his brother Alexander Gordon MacGregor, when the will became inoperative due to an unprovided contingency.
  2. 2 Whether the appellant is entitled to claim payment of the trust capital as the sole intestate heir.

Ratio Decidendi

The court held that, according to Roman and Roman-Dutch law, when a testator dies leaving a valid will which later becomes inoperative due to a contingency not provided for, intestacy occurs at the moment the will fails, not at the testator's death. Therefore, the intestate heirs must be determined at the date when the will became inoperative. In this case, the contingency occurred when Alexander Gordon MacGregor died without lawful issue, rendering the will inoperative as to the trust capital. At that moment, the appellant became the sole intestate heir. The court rejected previous decisions that applied the date of the testator's death as universal, clarifying that such principle only...

Court Disposition

Appeal upheld with costs. The appellant is declared the sole intestate heir and entitled to the trust capital.

Orders

  • The appeal is upheld with costs, payable out of the capital of the estate of the late Leslie MacGregor.
  • The order of the court a quo is set aside and substituted with an order declaring Shirley June Harris the sole intestate heir of the late Leslie MacGregor.