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South Africa Case Law

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Civil Procedure [2011] ZAKZPHC 19

Kelly NO and Others v Kelly and Others (4334/10)

Kelly NO and Others v Kelly and Others (4334/10) [2011] ZAKZPHC 19 (11 May 2011)

The High Court rectified a will clause that mistakingly copied beneficiaries from a related trust deed, holding it did not reflect the testatrix’s true intention.

  • Rectification Of Wills
  • Testamentary Trusts
  • Beneficiary Definition
  • Locus Standi
  • Costs Order
  • Rectification-of-wills
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Family And Children [2008] ZAGPHC 402

Bester NO v Nel en Andere (17004/2008)

Bester NO v Nel en Andere (17004/2008) [2008] ZAGPHC 402 (12 December 2008)

The court interpreted “our children” in a joint will as referring to Ingrid Steyn’s two daughters, not intestacy, and ordered estate costs accordingly.

  • Testamentary Interpretation
  • Joint Will
  • Intestate Succession
  • Beneficiary Definition
  • Testamentary-interpretation
  • Joint-will
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.