South Africa Case Law

H v H and Others (35593/2014)

H v H and Others (35593/2014) [2015] ZAGPJHC 69 (17 April 2015)

Court

South Gauteng High Court, Johannesburg

Case number

35593/2014

Judge

Windell

The court found that the reference to 'shares in and loans to Autocom' in the testator's will created a latent ambiguity, as the testator did not own shares in Autocom (Pty) Limited but in Autocom Holdings (Pty) Limited. Considering the language of the will, its context, and the undisputed facts, the court concluded that the testator intended to bequeath the shares in Autocom Holdings to the trustees for the benefit of the applicant, not for the shares to fall into the residue of the estate. The court applied a benevolent interpretation to give effect to the testator's intention and held that…

Source excerpt

• Will Interpretation
• Latent Ambiguity
• Rectification Of Wills
• Testamentary Trust
• Succession
• Residue Of Estate

Kelly NO and Others v Kelly and Others (4334/10)

Kelly NO and Others v Kelly and Others (4334/10) [2011] ZAKZPHC 19 (11 May 2011)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

4334/10

Judge

Dhaya Pillay

The High Court rectified a will clause that mistakingly copied beneficiaries from a related trust deed, holding it did not reflect the testatrix’s true intention.

• Rectification Of Wills
• Testamentary Trusts
• Beneficiary Definition
• Locus Standi
• Costs Order
• Rectification-of-wills

Henriques v Giles NO and Another; Henriques v Giles NO and Others (213/08)

Henriques v Giles NO and Another; Henriques v Giles NO and Others (213/08) [2009] ZASCA 64; 2010 (6) SA 51 (SCA) ; [2009] 4 All SA 116 (SCA) (29 May 2009)

Court

Supreme Court of Appeal

Case number

213/08

Judges

NAVSA, VAN HEERDEN, MHLANTLA, KROON, TSHIQI

The Supreme Court of Appeal held that a mistakenly signed will could be rectified to reflect the testator’s true intention, but Jackie's will could not be rectified on the papers.

• Rectification Of Wills
• Testamentary Capacity
• Administration Of Estates Act
• Wills Act Formalities
• Intestacy
• Costs Orders

Jeffery and Others v Glur (20669/02)

Jeffery and Others v Glur (20669/02) [2003] ZAGPHC 11 (9 October 2003)

Court

High Courts - Gauteng

Case number

20669/02

Judge

Willis

The High Court rectified a will to reflect the testator’s true intention, adding omitted words so that loans to children and grandchildren were released on death.

• Rectification Of Wills
• Testamentary Intention
• Competency To Make Will
• Undue Influence
• Rectification-of-wills
• Testamentary-intention