Wessels v Die Meester van die Hooggeregshoof Bloemfontein en Andere (216/2006) [2007] ZASCA 17; [2007] SCA 17 (RSA) (23 March 2007)

Wessels v Die Meester van die Hooggeregshoof Bloemfontein en Andere (216/2006) [2007] ZASCA 17; [2007] SCA 17 (RSA) (23 March 2007)

The Supreme Court of Appeal held that the joint will executed by the testator and his spouse lapsed upon her death, as its operative provisions were conditional on the testator predeceasing her. The subsequent codicils, although validly executed, did not contain clear and unequivocal language evidencing the testator's intention to revive the lapsed joint will. Instead, the codicils reflected the testator's mistaken belief that the joint will remained valid, and merely purported to amend its terms. The Court affirmed that, in the absence of a clear revival intention expressed in a valid testamentary instrument, the lapsed will could not be revived. Incorporation by reference was also not...

Citation
[2007] ZASCA 17
Parties
Appellant: George Frederik Wessels NO; Respondent: Die Meester van die Hooggeregshof, Bloemfontein; Respondent: Frederik Johannes Theodorus Bezuidenhout (JNR); Respondent: Jacomina Johanna Grobler; Respondent: Jeremias Jacobus Andries Bezuidenhout; Respondent: Wilhelmina Cecilia Rautenbach; Respondent: Freddie Rautenbach; Respondent: Reinette Rautenbach; Respondent: Esmerelda Bezuidenhout; Respondent: Johanna Elizabeth Nel; Respondent: Patricia Bezuidenhout; Respondent: Frederik Bezuidenhout (JNR)
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
23 March 2007
Case Number
216/2006
Procedural Posture
Civil Appeal / Appeal From the Bloemfontein High Court
Outcome
Appeal dismissed with costs, payable from the estate of the late F J T Bezuidenhout.
Judges
Brand, Van Heerden, Combrinck
Legal Topics
Joint Wills, Revocation of Wills, Testamentary Intent, Codicil Interpretation
Family and Children Land and Property Joint Wills Revocation of Wills Testamentary Intent Codicil Interpretation

Case Brief

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Parties

George Frederik Wessels NO

Appellant

Die Meester van die Hooggeregshof, Bloemfontein

Respondent

Frederik Johannes Theodorus Bezuidenhout (JNR)

Respondent

Jacomina Johanna Grobler

Respondent

Jeremias Jacobus Andries Bezuidenhout

Respondent

Wilhelmina Cecilia Rautenbach

Respondent

Freddie Rautenbach

Respondent

Reinette Rautenbach

Respondent

Esmerelda Bezuidenhout

Respondent

Johanna Elizabeth Nel

Respondent

Patricia Bezuidenhout

Respondent

Frederik Bezuidenhout (JNR)

Respondent

Procedural Posture

Civil Appeal / Appeal From the Bloemfontein High Court

Legal Issues

  1. 1 Did the joint will executed by the testator and his predeceased spouse lapse upon her death?
  2. 2 Was it legally possible for the testator to revive the lapsed joint will by means of subsequent codicils?
  3. 3 Did the testator's codicils demonstrate a clear intention to revive the lapsed joint will?

Ratio Decidendi

The Supreme Court of Appeal held that the joint will executed by the testator and his spouse lapsed upon her death, as its operative provisions were conditional on the testator predeceasing her. The subsequent codicils, although validly executed, did not contain clear and unequivocal language evidencing the testator's intention to revive the lapsed joint will. Instead, the codicils reflected the testator's mistaken belief that the joint will remained valid, and merely purported to amend its terms. The Court affirmed that, in the absence of a clear revival intention expressed in a valid testamentary instrument, the lapsed will could not be revived. Incorporation by reference was also not...

Court Disposition

Appeal dismissed with costs, payable from the estate of the late F J T Bezuidenhout.

Orders

  • The appeal is dismissed with costs.
  • Such costs are to be paid out of the estate of the late F J T Bezuidenhout.