Jansen van Rensburg NO and Others v Master of the High Court, Grahamstown and Another (585/2012) [2012] ZAECGHC 38 (23 April 2012)

Jansen van Rensburg NO and Others v Master of the High Court, Grahamstown and Another (585/2012) [2012] ZAECGHC 38 (23 April 2012)

The court found that the deceased's will did not dispose of the residue of his estate, including the bequest from his mother, as there was no mention of such property or any intention to deal with it. The phrase 'the rest will go to' in the last clause of the will refers only to household contents not taken by Shaun and Sharon within 30 days of the deceased's death. Accordingly, the residue of the estate, including the bequest from the deceased's mother, must devolve in accordance with the law of intestate succession.

Citation
[2012] ZAECGHC 38
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 April 2012
Case Number
585/2012
Procedural Posture
Civil Application / First Instance Judgment
Outcome
Application granted. Declaratory order issued interpreting the last two clauses of the will. The residue of the estate to devolve in accordance with intestate succession. No order as to costs.
Judges
Roberson, Makaula
Legal Topics
Will Interpretation, Intestate Succession, Testamentary Intent
Family and Children Land and Property Will Interpretation Intestate Succession Testamentary Intent

Case Brief

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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

Civil Application / First Instance Judgment

Legal Issues

  1. 1 What is the correct interpretation of the last two clauses of the deceased's will?
  2. 2 Does the will dispose of the residue of the estate, including the bequest from the deceased's mother?
  3. 3 Should the residue devolve in terms of intestate succession?

Ratio Decidendi

The court found that the deceased's will did not dispose of the residue of his estate, including the bequest from his mother, as there was no mention of such property or any intention to deal with it. The phrase 'the rest will go to' in the last clause of the will refers only to household contents not taken by Shaun and Sharon within 30 days of the deceased's death. Accordingly, the residue of the estate, including the bequest from the deceased's mother, must devolve in accordance with the law of intestate succession.

Court Disposition

Application granted. Declaratory order issued interpreting the last two clauses of the will. The residue of the estate to devolve in accordance with 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 his death.
  • The residue of the estate of Leonard Jansen van Rensburg is to devolve in accordance with the law of intestate succession.