Moodley v James and Others (D6046/2023)
Moodley v James and Others (D6046/2023) [2023] ZAKZDHC 92 (4 December 2023)
The court found that the joint will, when properly construed as a whole, clearly expresses the testators’ intention that their estates be bequeathed to an inter vivos trust for the benefit of the applicant. Clause 3 and clause 4 are the dominant clauses and must be given full effect. The first respondent’s interpretation, which would result in partial intestacy, is contrary to the plain meaning of the will and would render the testators’ wishes redundant. The first respondent has no discretion to refuse to create the trust, and her continued delay is unlawful. The counter-application for a de…
Source excerpt
- Interpretation Of Wills
- Testamentary Freedom
- Creation Of Trust
- Intestate Succession