Du Plessis NO v Strauss (402/1986)
Du Plessis NO v Strauss (402/1986) [1987] ZASCA 129; [1988] 4 All SA 115 (AD) (12 November 1987)
The Supreme Court of Appeal held that, according to South African common law as derived from Roman-Dutch authorities, a sine liberis condition in a will, coupled with a conditional fideicommissum, creates a presumption that the testator intended to benefit the descendants of the fiduciary as fideicommissary beneficiaries, provided they are direct descendants. The Court rejected the argument that longstanding but incorrect lower court decisions should be followed for the sake of uniformity, finding no compelling reason to perpetuate an erroneous interpretation. The Court further held that the…
Source excerpt
- Fideicommissum Tacitum
- Sine Liberis Condition
- Testamentary Intent
- Succession
- Common Law Presumption