South Africa Case Law

Ortone v Belmer (41851/2015)

Ortone v Belmer (41851/2015) [2017] ZAGPPHC 80 (2 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

41851/2015

Judge

Gcabashe

The Court found that the deceased intended the Defendant to pay the Plaintiff R5000 per month from the income of his entire inheritance, not solely from Sunny Shades. The wording and context of the Will, as well as the use of 'inheritance' in multiple clauses, supported this interpretation. Even if the obligation were limited to Sunny Shades, the Defendant continued to operate the business and benefit from its assets under a new entity, Sun Cover Systems CC, which was deemed the alter ego of Sunny Shades. The Defendant's reliance on flawed financial statements and exaggerated debts was reject…

Source excerpt

• Conditional Bequest
• Will Interpretation
• Inheritance Obligation
• Specific Performance

Booysen v Erasmus NO (29658/2012)

Booysen v Erasmus NO (29658/2012) [2013] ZAGPPHC 41 (12 February 2013)

Court

North Gauteng High Court, Pretoria

Case number

29658/2012

Judge

H J de Vos

The court held that a predeceased fideicommissary acquires no transmissible rights unless the testament clearly provides otherwise.

• Fideicommissum
• Testamentary Succession
• Conditional Bequest
• Vesting Of Rights
• Survivorship Condition
• Testamentary-succession

Heymans v Van Tonder (2) (406/83)

Heymans v Van Tonder (2) (406/83) [1985] ZASCA 44; [1985] 2 All SA 389 (A) (29 May 1985)

Court

Supreme Court of Appeal

Case number

406/83

Judges

Rabie, Jansen, Joubert, Viljoen, Hefer

The court held that the testament gave the surviving spouse a choice to pay or secure the appellant’s share on remarriage, not an immediate right to payment.

• Testamentary Interpretation
• Fideicommissum
• Conditional Bequest
• Testamentary-interpretation
• Conditional-bequest