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South Africa decisions
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Hart v Hart and Others (2453/2024) [2024] ZAWCHC 381; [2025] 1 All SA 373 (WCC); 2025 (3) SA 286 (WCC) (20 November 2024)
The court held that a widow under a special bequest could insist on selling the property and reinvesting the proceeds, subject only to the executors’ approval of the investment.
Mcunu and Others v Master of the High Court Gauteng Division, Johannesburg and Others (2023/053319) [2024] ZAGPJHC 1200 (14 November 2024)
The court held that “my children” in the testator’s will included a non-biological daughter raised as his child, granting declaratory relief.
Willemse v Cronje and Others (7608/2023) [2024] ZAWCHC 270 (18 September 2024)
The court found that the applicant's pre-emptive right was triggered by the receipt of the offer to purchase the farm properties, not by the conclusion of the sale agreement. The applicant was entitled to exercise his right by stepping into the position of the third party purchaser, but only on the same terms as those offered to the third respondent, including the sale of movables and improvements. The court held that the structure of the sale agreements was commercially reasonable and not designed to frustrate the applicant's rights. The lease agreement was entered into by the usufructuary,…
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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…
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Viljoen v Louw NO and Others (56/2020) [2023] ZAFSHC 489 (4 December 2023)
The High Court held that the 2020 Will granted the widow a usufruct, but only subject to the sons’ approval, so her application was dismissed.
Poulos NO and Others v Van Den Heever NO and Another (43528/2015) [2023] ZAGPJHC 977 (11 August 2023)
The High Court granted leave to appeal to the Full Court in a dispute about adiation and renunciation of inheritance under a will and insolvency.
Strauss v Strauss and Others (2020/2236) [2023] ZAGPJHC 377 (24 April 2023)
The court interpreted a mutual will using an Endumeni-style unitary approach, held that the will did not create massing, and gave effect to specific bequests and residue provisions.
Van Niekerk (Jnr) and Another v Van Niekerk and Others (739/2020) [2023] ZANCHC 40 (17 March 2023)
The court upheld an appeal against an order appointing a co-executor, holding that the application to remove the executor should have been dismissed.
Noome and Others v Botha N.O. and Others (4405/2021) [2022] ZAFSHC 108 (23 May 2022)
The court held that trustees could not sell a farm specifically bequeathed in a will, declared the sale invalid, and ordered costs against the respondents.
Dube v Ndlovu and Others (20/13909) [2022] ZAGPJHC 37 (25 January 2022)
The court found that the 2014 will expressly revoked all previous wills and codicils, including the 2011 will, as evidenced by its clear language and revocation clause. The applicant's argument that the silence of the 2014 will on the Kagiso Property meant the 2011 will should prevail was rejected. The court held that the testator's intention, as reflected in the 2014 will, was to exclude the applicant as a beneficiary and to treat the Kagiso Property as part of the residue of the estate. The principles of freedom of testation and the requirement to give effect to the testator's last wishes w…
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