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

Pienaar and Another v Master of the Free State High Court, Bloemfontein and Others (579/10)

Pienaar and Another v Master of the Free State High Court, Bloemfontein and Others (579/10) [2011] ZASCA 112; 2011 (6) SA 338 (SCA) (1 June 2011)

Court

Supreme Court of Appeal

Case number

579/10

Judges

Lewis, Cachalia, Shongwe, Theron, Majiedt

The SCA held that a later will impliedly revoked an earlier will only to the extent of inconsistency, and that the disputed policy fell into the residue.

• Revocation Of Wills
• Testamentary Intention
• Interpretation Of Wills
• Residue Of Estate
• Revocation-of-wills
• Interpretation-of-wills