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Land And Property [2005] ZASCA 18

Rhode v Stubbs (038/2004)

Rhode v Stubbs (038/2004) [2005] ZASCA 18; 2005 (5) SA 104 (SCA) (29 March 2005)

The Supreme Court of Appeal held that the joint will of Attie and Lettie Williams did not result in a merger of their estates. The wording of the will, when read as a whole, did not clearly indicate an intention to merge the estates or to restrict the testamentary freedom of the survivor. The presumption against merger applied, and the relevant clauses were interpreted as each testator disposing only of their own undivided half share in the properties. Consequently, Lettie Williams was entitled to bequeath her undivided half share in the properties as she wished. The respondent, Sarah Dorothy…

  • Joint Wills
  • Succession
  • Estate Merger
  • Interpretation Of Wills
  • Undivided Shares
  • Occupational Rights
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