South Africa Case Law

Zilwana v Booi and Another (3476/2024)

Zilwana v Booi and Another (3476/2024) [2024] ZAECMKHC 133 (22 August 2024)

Court

Eastern Cape High Court, Makhanda

Case number

3476/2024

Judge

B B Brody

The applicant failed to disclose material facts, including her true relationship to the deceased and the existence of a valid marriage and Will. The evidence presented by the first respondent, including the marriage certificate, lobola agreement, and Joint Will, established that she was the lawful spouse and had resided with the deceased at Takalani. The applicant's locus standi was questionable, and her allegations were found to be false. Applying the Plascon-Evans approach, the disputes raised were not genuine. The court held that the first respondent, as the lawful spouse, has the right to…

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• Urgent Interdict
• Locus Standi
• Burial Rights
• Customary Marriage
• Joint Will

Geza and Others v Standard Trust Limited and Others (3534/2021)

Geza and Others v Standard Trust Limited and Others (3534/2021) [2023] ZAECQBHC 15 (14 March 2023)

Court

Eastern Cape High Court, Gqeberha

Case number

3534/2021

Judges

J W Eksteen, R E Griffiths

High Court matter on interpreting a joint will held that “our children” included a child born out of wedlock, and dismissed the exclusionary application.

• Will Interpretation
• Joint Will
• Children Born Out Of Wedlock
• Succession
• Declaratory Relief
• Will-interpretation

Nhlapho-Masoeu and Others v Mokoena and Others (4373/2021)

Nhlapho-Masoeu and Others v Mokoena and Others (4373/2021) [2022] ZAFSHC 7 (27 January 2022)

Court

Free State High Court, Bloemfontein

Case number

4373/2021

Judge

Litheko

The court found that the 2019 joint will did not effect a massing, as it appointed the late Mr Masoeu as the sole and universal heir of the late Mrs Masoeu. Upon her death, he acquired full ownership of the joint estate and was entitled to deal with it as he wished, including bequeathing it to the first respondent. Clause 5 of the 2019 joint will did not create a resolutive condition or restrict his ownership. The applicants were disinherited by the terms of the 2019 joint will and are not beneficiaries of the estate. The Rule Nisi was discharged as the applicants failed to establish any righ…

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• Testate Succession
• Joint Will
• Massing
• Revocation Of Will
• Interim Interdict

Bester NO v Nel en Andere (17004/2008)

Bester NO v Nel en Andere (17004/2008) [2008] ZAGPHC 402 (12 December 2008)

Court

High Courts - Gauteng

Case number

17004/2008

Judge

Pretorius

The court interpreted “our children” in a joint will as referring to Ingrid Steyn’s two daughters, not intestacy, and ordered estate costs accordingly.

• Testamentary Interpretation
• Joint Will
• Intestate Succession
• Beneficiary Definition
• Testamentary-interpretation
• Joint-will