Jansen van Rensburg NO and Others v Master of the High Court, Grahamstown and Another (585/2012) [2012] ZAECGHC 45 (23 May 2012)

Jansen van Rensburg NO and Others v Master of the High Court, Grahamstown and Another (585/2012) [2012] ZAECGHC 45 (23 May 2012)

The court found that the general scheme of the will indicated the deceased intended his assets, including household contents, to be shared among Shaun, Sharon, and the second respondent. The phrase 'the rest will go to' refers only to household contents not taken by Shaun and Sharon within 30 days of the deceased's death. There was no express or implied intention in the will to deal with the residue of the estate, including the bequest from the deceased's mother. As such, the residue must devolve in accordance with the law of intestate succession. The applicants' request for division of the residue was not granted, as it was not clear they were the only intestate heirs. No costs order was...

Citation
[2012] ZAECGHC 45
Parties
Applicant: Shaun Leon Jansen van Rensburg N.O.; Applicant: Shaun Leon Jansen van Rensburg; Applicant: Sharon Elizabeth Jansen van Rensburg; Respondent: Master of the High Court, Grahamstown; Respondent: Diann Marlene Todkill
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
23 May 2012
Case Number
585/2012
Procedural Posture
Review Application / Judgment
Outcome
Application granted. Declaratory order issued interpreting the last two clauses of the will. Residue of the estate to devolve in accordance with the law of intestate succession. No order as to costs.
Judges
J.M. Roberson, M. Makaula
Legal Topics
Will Interpretation, Intestate Succession, Declaratory Order
Family and Children Civil Procedure Will Interpretation Intestate Succession Declaratory Order

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Parties

Shaun Leon Jansen van Rensburg N.O.

Applicant

Shaun Leon Jansen van Rensburg

Applicant

Sharon Elizabeth Jansen van Rensburg

Applicant

Master of the High Court, Grahamstown

Respondent

Diann Marlene Todkill

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 What is the correct interpretation of the last two clauses of the will of the late Leonard Jansen van Rensburg?
  2. 2 Does the clause 'the rest will go to' refer to household contents or the residue of the estate?
  3. 3 How should the bequest from the deceased's mother be distributed?

Ratio Decidendi

The court found that the general scheme of the will indicated the deceased intended his assets, including household contents, to be shared among Shaun, Sharon, and the second respondent. The phrase 'the rest will go to' refers only to household contents not taken by Shaun and Sharon within 30 days of the deceased's death. There was no express or implied intention in the will to deal with the residue of the estate, including the bequest from the deceased's mother. As such, the residue must devolve in accordance with the law of intestate succession. The applicants' request for division of the residue was not granted, as it was not clear they were the only intestate heirs. No costs order was...

Court Disposition

Application granted. Declaratory order issued interpreting the last two clauses of the will. Residue of the estate to devolve in accordance with the law of intestate succession. No order as to costs.

Orders

  • It is declared that the words 'the rest will go to' in the last clause of the will of the late Leonard Jansen van Rensburg refer to those household contents not taken by Shaun Leon Jansen van Rensburg and Sharon Elizabeth Jansen van Rensburg within 30 days of the deceased's death.
  • The residue of the estate of Leonard Jansen van Rensburg, in the sum of R141,913.44, is to devolve in accordance with the law of intestate succession.