South Africa Case Law

Wren and Another v Master of the High Court Eastern Cape High Court, Port Elizabeth and Another (3727/12)

Wren and Another v Master of the High Court Eastern Cape High Court, Port Elizabeth and Another (3727/12) [2015] ZAECPEHC 8 (19 February 2015)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3727/12

Judges

E Revelas, J W Eksteen

The High Court granted leave to appeal after holding that two handwritten testamentary notes could be read together as codicils and were not irreconcilable.

• Codicil Interpretation
• Bequest Conflict
• Will And Testament
• Leave To Appeal
• Codicil-interpretation
• Will-and-testament

Wren and Another v Master of the Eastern Cape High Court, Port Elizabeth and Another (3727/2012)

Wren and Another v Master of the Eastern Cape High Court, Port Elizabeth and Another (3727/2012) [2014] ZAECPEHC 98 (11 December 2014)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3727/2012

Judges

E Revelas, JW Eksteen

The High Court held that a handwritten note by the deceased was a codicil under section 2(3) of the Wills Act and ordered estate costs.

• Wills Act Section 2 3
• Codicil Interpretation
• Testamentary Intention
• Costs In Estate Litigation
• Wills-act-section-2-3
• Codicils

Wessels v Die Meester van die Hooggeregshoof Bloemfontein en Andere (216/2006)

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

Court

Supreme Court of Appeal

Case number

216/2006

Judges

Brand, Van Heerden, Combrinck

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 testam…

Source excerpt

• Joint Wills
• Revocation Of Wills
• Testamentary Intent
• Codicil Interpretation