South Africa Case Law

Roux N.O and Another v Stemmet N.O and Others (17064/2022)

Roux N.O and Another v Stemmet N.O and Others (17064/2022) [2023] ZAWCHC 222 (23 August 2023)

Court

Western Cape High Court, Cape Town

Case number

17064/2022

Judge

Pangarker

The court held that the deceased did not personally draft or cause the drafting of 'POC5', nor did he ever receive, peruse, approve, or sign it. The necessary animus revocandi was absent, and the requirements of section 2A(c) of the Wills Act were not met. The impossibility principle does not apply to the execution or revocation of wills under South African law, as the Wills Act is interpreted strictly and does not accommodate exceptions for impossibility in these circumstances. The Plaintiffs' Particulars of Claim do not disclose a cause of action for the relief sought under either section 2…

Source excerpt

• Revocation Of Wills
• Wills Act Formalities
• Animus Revocandi
• Impossibility Principle
• Exception Procedure

Pretorius and Another v Malan and Others (1503/2023)

Pretorius and Another v Malan and Others (1503/2023) [2023] ZAFSHC 298 (31 July 2023)

Court

Free State High Court, Bloemfontein

Case number

1503/2023

Judge

Mhlambi

The court referred a dispute about the validity of a later will to oral evidence, finding the factual conflict could not be resolved on affidavit alone.

• Validity Of Wills
• Motion Proceedings
• Oral Evidence
• Revocation Of Wills
• Validity-of-wills
• Oral-evidence

Dube v Ndlovu and Others (20/13909)

Dube v Ndlovu and Others (20/13909) [2022] ZAGPJHC 37 (25 January 2022)

Court

South Gauteng High Court, Johannesburg

Case number

20/13909

Judge

Flatela

The court found that the 2014 will expressly revoked all previous wills and codicils, including the 2011 will, as evidenced by its clear language and revocation clause. The applicant's argument that the silence of the 2014 will on the Kagiso Property meant the 2011 will should prevail was rejected. The court held that the testator's intention, as reflected in the 2014 will, was to exclude the applicant as a beneficiary and to treat the Kagiso Property as part of the residue of the estate. The principles of freedom of testation and the requirement to give effect to the testator's last wishes w…

Source excerpt

• Wills Act
• Revocation Of Wills
• Freedom Of Testation
• Customary Marriage
• Interpretation Of Wills

Gruhn and Others v Singh NO and Others (8884/16)

Gruhn and Others v Singh NO and Others (8884/16) [2021] ZAWCHC 267 (30 November 2021)

Court

Western Cape High Court, Cape Town

Case number

8884/16

Judge

Fortuin

High Court judgment dismissing a challenge to three wills, finding the deceased had testamentary capacity, was not unduly influenced, and did not revoke earlier wills.

• Testamentary Capacity
• Undue Influence
• Interpretation Of Wills
• Revocation Of Wills
• Costs In Will Disputes
• Testamentary-capacity

Kameel v Master of the High Court Bloemfontein and Another (A230/2018)

Kameel v Master of the High Court Bloemfontein and Another (A230/2018) [2019] ZAFSHC 129 (1 August 2019)

Court

Free State High Court, Bloemfontein

Case number

A230/2018

Judges

V.M. Morobane, C.J. Musi, P.E. Molitsoane

The High Court set aside an order declaring affidavits to be the deceased’s will, holding that a later document with a revocation clause could not be ignored.

• Wills Act Section 2 3
• Revocation Of Wills
• Testamentary Intention
• Formalities Of Wills
• Wills-act-section-2-3
• Revocation-of-wills

Mochochoko v Mochochoko and Others (3647/2015)

Mochochoko v Mochochoko and Others (3647/2015) [2018] ZAFSHC 155 (18 October 2018)

Court

Free State High Court, Bloemfontein

Case number

3647/2015

Judge

JP Daffue

The court found that the 1994 will of DD Mochochoko, although only a copy, complied with all formal requirements and was intended by the testatrix to be her last will and testament. In terms of section 2(3) of the Wills Act and binding Supreme Court of Appeal authority, the Master must be authorised to accept the copy as a valid will. However, the court held that there was insufficient evidence to declare the joint will of 1978 invalid or revoked, as the legal consequences of adiation and massing under the joint will bound the surviving spouse and prevented revocation by a later will. The pro…

Source excerpt

• Joint Wills
• Fideicommissum
• Conversion Of Rights Act
• Revocation Of Wills
• Administration Of Estates
• Acceptance Of Copies As Wills

Friedman NO v Master of the High Court Polokwane and Others (2464/2017)

Friedman NO v Master of the High Court Polokwane and Others (2464/2017) [2017] ZALMPPHC 37 (14 November 2017)

Court

Limpopo High Court, Polokwane

Case number

2464/2017

Judge

M.G Phatudi

The High Court held that the deceased’s final will revoked earlier wills and a codicil, so the Master was correct to rely only on the latest will.

• Administration Of Estates Act
• Revocation Of Wills
• Executor Duties
• Distribution Of Estate Assets
• Revocation-of-wills
• Administration-of-estates

Opperman v Opperman and Others (3659/2015)

Opperman v Opperman and Others (3659/2015) [2016] ZAFSHC 26 (3 March 2016)

Court

Free State High Court, Bloemfontein

Case number

3659/2015

Judge

C. H. G. Van der Merwe

The court held that the 1 May 2006 document was the testator’s last will, rejected reliance on later unsigned or revoked drafts, and found the witness-beneficiary competent to inherit.

• Wills Act Formalities
• Revocation Of Wills
• Beneficiary Disqualification
• Testamentary Intention
• Wills-act-formalities
• Revocation-of-wills

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

Theart v Wolfgang and Others (14436/2009)

Theart v Wolfgang and Others (14436/2009) [2011] ZAWCHC 138 (10 February 2011)

Court

Western Cape High Court, Cape Town

Case number

14436/2009

Judge

Cloete AJ

High Court case on a disputed joint will, massing of estates, adiation, and revocation. The application failed and costs were awarded against the applicant.

• Wills And Succession
• Massing Of Estates
• Adiation
• Revocation Of Wills
• Joint Wills
• Administration Of Estates