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South Africa Case Law

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Civil Procedure [2022] ZAGPJHC 699

Qhali N.O. and Others v Rikhotso and Another (2020/9629)

Qhali N.O. and Others v Rikhotso and Another (2020/9629) [2022] ZAGPJHC 699 (16 September 2022)

Court
South Gauteng High Court, Johannesburg
Case number
2020/9629
Judge
SK Hassim

The court found, on the balance of probabilities, that the Journal was drafted by the deceased personally and contained her final instructions regarding the disposal of her assets. The evidence from witnesses familiar with the deceased's handwriting and signature, as well as the detailed instructions in the Journal, established both authorship and testamentary intention. The Journal addressed the distribution of property, bank accounts, insurance policies, and personal belongings, and provided specific instructions for the funeral and other matters. The defendant ultimately conceded the Journ…

Source excerpt

  • Wills Act Section 2 3
  • Testamentary Intention
  • Admissibility Of Informal Wills
  • Burden Of Proof
  • Administration Of Deceased Estates
  • Disinheritance
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Civil Procedure [2015] ZAGPPHC 570

Nedbank Limited v Valente and Others (68894/2013)

Nedbank Limited v Valente and Others (68894/2013) [2015] ZAGPPHC 570 (11 August 2015)

Court
North Gauteng High Court, Pretoria
Case number
68894/2013
Judge
K E Matojane

The court held that clause 6.3 of the deceased's will does not operate to disinherit Riccardo upon attachment of his assets by a creditor. South African law does not permit a testator to shield a beneficiary's inheritance from creditors once rights have vested. The previous proceedings did not determine the issue of disinheritance, and the clause cannot be interpreted as creating a valid gift over or suspensive condition that would exclude Riccardo's inheritance from attachment. Nedbank is therefore entitled to levy execution against Riccardo's claim to the deceased estate, notwithstanding cl…

Source excerpt

  • Testamentary Conditions
  • Attachment Of Inheritance
  • Creditor Rights
  • Disinheritance
  • Fraudulent Conduct
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Civil Procedure [2015] ZAGPPHC 67

Van Vuuren and Another v Master of the High Court and Others (37901/2014)

Van Vuuren and Another v Master of the High Court and Others (37901/2014) [2015] ZAGPPHC 67 (3 March 2015)

Court
North Gauteng High Court, Pretoria
Case number
37901/2014
Judge
C Pretorius

The court found that the document dated 7 July 2008 was executed by the deceased, Daniel Johannes van Vuuren, with the intention that it be his last will and testament. The evidence of Ms Prinsloo and Ms Kotze established that the deceased regarded the document as his testament and took steps to ensure its safekeeping. The court rejected the fifth respondent's speculative and unsupported assertions regarding the destruction of the original document and the deceased's intentions. The wording of the document clearly indicated the deceased's intention to bequeath his entire estate to his two dau…

Source excerpt

  • Wills Act Section 2 3
  • Testamentary Intention
  • Formalities Of Wills
  • Intestate Succession
  • Disinheritance
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.