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South Africa decisions
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Outhoff and Another v Kaplan N.O and Others (A85/2017, 69475/2014) [2019] ZAGPPHC 135 (28 February 2019)
The High Court held that a mutual will created a massing of estates and put the surviving spouse to an election between adiation and repudiation.
Outhoff and Another v Kaplan NO and Others (69475/14) [2016] ZAGPPHC 715 (17 August 2016)
The High Court held that a mutual will did not clearly show massing of estates, so the plaintiffs’ declaratory action failed and the presumption against massing applied.
Theart v Scheibert and Others (630/11) [2012] ZASCA 131; [2012] 4 All SA 278 (SCA) (27 September 2012)
The Supreme Court of Appeal held that the mutual will did not effect a massing of the estates of the testators. The will, when interpreted in accordance with established principles, did not clearly indicate an intention to consolidate the estates for a joint disposition to the appellant. The presumption against massing applied due to ambiguity. Consequently, the testator retained the right to revoke his own dispositions, and the subsequent will was valid only in respect of his share. The appellant was entitled to succeed to the testatrix's half share of the joint estate under the mutual will,…
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Theart v Wolfgang and Others (14436/2009) [2011] ZAWCHC 138 (10 February 2011)
High Court case on a disputed joint will, massing of estates, adiation, and revocation. The application failed and costs were awarded against the applicant.
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