South Africa Case Law

Ungerer v Ungerer and Others (2083/2024)

Ungerer v Ungerer and Others (2083/2024) [2024] ZAECMKHC 90 (2 August 2024)

Court

Eastern Cape High Court, Makhanda

Case number

2083/2024

Judges

Govindjee, Laing

The court found that the disputed 2022 Will was neither drafted nor executed by the deceased, but rather by Capital Legacy on instructions. There was no evidence that the deceased approved all contents or intended the unsigned document to be her final will. The applicant failed to provide a satisfactory explanation for the deceased's failure to sign the will during the eight months before her death. Section 2(3) of the Wills Act requires strict compliance: the document must be drafted or executed by the deceased and intended to be their will. As these requirements were not met, the court was…

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• Wills Act Section 2 3
• Validity Of Unsigned Will
• Law Of Succession
• Testamentary Intention

Riekert v Braun and Others (3969/2014)

Riekert v Braun and Others (3969/2014) [2016] ZAFSHC 149 (18 August 2016)

Court

Free State High Court, Bloemfontein

Case number

3969/2014

Judge

Rampai

The court declared a missing original will’s certified copy valid after finding it was properly executed, genuine, and reflected the testator’s true wishes.

• Law Of Succession
• Declaratory Relief
• Lost Will
• Freedom Of Testation
• Onus Of Proof
• Law-of-succession

Hlatswayo and Another v Mathabathe and Others (29569/2015)

Hlatswayo and Another v Mathabathe and Others (29569/2015) [2015] ZAGPPHC 669 (17 September 2015)

Court

North Gauteng High Court, Pretoria

Case number

29569/2015

Judge

Mali

The High Court granted an eviction order under PIE, finding the respondents were unlawfully occupying the property and had raised no valid defence.

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Eviction Procedure
• Law Of Succession
• Pie-act
• Eviction

E v Estate Late B (192/2013)

E v Estate Late B (192/2013) [2014] ZASCA 27; [2014] 2 All SA 635 (SCA); 2014 (4) SA 1 (SCA) (28 March 2014)

Court

Supreme Court of Appeal

Case number

192/2013

Judges

Mthiyane, Petse, Willis, Saldulker, Legodi

The Supreme Court of Appeal held that, in the absence of clear indications to the contrary in the wills, the intention of the testators was for the deceased's grandchildren to inherit per stirpes under the fideicommissa. The court found that the principle of representation applies, and a grandchild is not disqualified from inheritance merely because her parent predeceased the fiduciary. The fideicommissum multiplex created by the wills entitles J[...] to inherit the share her late father would have received, and the presumption against disinheriting descendants further supports this conclusio…

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• Fideicommissum
• Law Of Succession
• Per Stirpes Inheritance
• Will Interpretation

Uys NO v Uys and Others (86/08)

Uys NO v Uys and Others (86/08) [2008] ZANCHC 30 (16 May 2008)

Court

Northern Cape High Court, Kimberley

Case number

86/08

Judge

Majiedt R

The court declared a photocopy of a lost original will to be the deceased’s last will and testament and authorised the Master to accept it for administration.

• Lost Will
• Law Of Succession
• Declaratory Relief
• Probate
• Burden Of Proof
• Lost-will

Wessels N.O v Meester van die Hooggeregshof- Bloemfontein and Others (2658/2005)

Wessels N.O v Meester van die Hooggeregshof- Bloemfontein and Others (2658/2005) [2005] ZAFSHC 147 (10 November 2005)

Court

Free State High Court, Bloemfontein

Case number

2658/2005

Judge

C.H.G. Van der Merwe

The court held that the joint will dated 18 January 2002 constituted two separate wills, one for each spouse. Upon the death of the testatrix, the testator accepted the benefits under the joint will, and her estate was administered accordingly. However, no estate amalgamation occurred, and the testator's portion of the joint will was conditional upon him being the first to die. Since he was not the first-dying spouse, his will as contained in the joint will lapsed, and he died intestate unless the codicils revived or incorporated the joint will. The court found that neither the first nor the…

Source excerpt

• Law Of Succession
• Joint Wills
• Testamentary Capacity
• Intestate Succession
• Incorporation By Reference