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