Spangenberg and Others v Engelbrecht NO and Another (717/21) [2023] ZASCA 100 (14 June 2023)

Spangenberg and Others v Engelbrecht NO and Another (717/21) [2023] ZASCA 100 (14 June 2023)

The Supreme Court of Appeal held that the language of the will was clear and unambiguous in granting Mrs Spangenberg the right of habitatio over both plots 243 and 741 until her death or remarriage. The court rejected the appellants' attempt to introduce extrinsic evidence and surrounding circumstances, finding no ambiguity in the will's wording. The testator was aware of the development and division of plot 741 but did not amend his will, indicating his intention for the habitatio to apply to both plots. The right of habitatio included the entitlement to lease the properties and receive rental income. The appeal was dismissed, and costs were awarded against the appellants.

Citation
[2023] ZASCA 100
Parties
Appellant: Izak Frederick Spangenberg; Appellant: Maria Cornelia Van Der Westhuizen; Appellant: Christina Aletta W La Cock; Respondent: Frankel Engelbrecht NO; Respondent: Gertruida Spangenberg
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
14 June 2023
Case Number
717/21
Procedural Posture
Civil Appeal / Appeal From Northern Cape Division of the High Court, Kimberley
Outcome
Appeal dismissed with costs awarded against the appellants.
Judges
Petse, Mbatha, Matojane, Weiner, Mali
Legal Topics
Will Interpretation, Right of Habitatio, Extrinsic Evidence, Freedom of Testation
Land and Property Civil Procedure Will Interpretation Right of Habitatio Extrinsic Evidence Freedom of Testation

Case Brief

Summary, issues, holding and outcome

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Parties

Izak Frederick Spangenberg

Appellant

Maria Cornelia Van Der Westhuizen

Appellant

Christina Aletta W La Cock

Appellant

Frankel Engelbrecht NO

Respondent

Gertruida Spangenberg

Respondent

Procedural Posture

Civil Appeal / Appeal From Northern Cape Division of the High Court, Kimberley

Legal Issues

  1. 1 Whether the deceased's will granted the right of habitatio over both plots 243 and 741 to Mrs Spangenberg.
  2. 2 Whether extrinsic evidence and surrounding circumstances may be used to interpret the will's provisions.
  3. 3 Whether the right of habitatio includes the entitlement to rental income from the properties.

Ratio Decidendi

The Supreme Court of Appeal held that the language of the will was clear and unambiguous in granting Mrs Spangenberg the right of habitatio over both plots 243 and 741 until her death or remarriage. The court rejected the appellants' attempt to introduce extrinsic evidence and surrounding circumstances, finding no ambiguity in the will's wording. The testator was aware of the development and division of plot 741 but did not amend his will, indicating his intention for the habitatio to apply to both plots. The right of habitatio included the entitlement to lease the properties and receive rental income. The appeal was dismissed, and costs were awarded against the appellants.

Court Disposition

Appeal dismissed with costs awarded against the appellants.

Orders

  • The appeal is dismissed with costs.
  • The costs are to be paid jointly and severally by the appellants, the one paying the others to be absolved.