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South Africa decisions
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Poulos NO and Others v Van Den Heever NO and Another (43528/2015) [2023] ZAGPJHC 977 (11 August 2023)
The High Court granted leave to appeal to the Full Court in a dispute about adiation and renunciation of inheritance under a will and insolvency.
N.N.H v L.L.H and Others (1670/2022) [2023] ZAECMHC 36 (4 July 2023)
The Court found that the massed will executed by the deceased and his first wife was rendered null and void by their divorce and the subsequent distribution of their joint estate through a deed of settlement. There were no consolidated assets remaining for the purposes of the massed will. The absence of the original will further supported the presumption of revocation. The first wife failed to comply with the statutory requirements for adiation, and the purported adiation certificate was found to be invalid and misleading. The will was ambiguous and contradictory, and the presumption against…
Source excerpt
Theart v Wolfgang and Others (14436/2009) [2011] ZAWCHC 138 (10 February 2011)
High Court case on a disputed joint will, massing of estates, adiation, and revocation. The application failed and costs were awarded against the applicant.
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