South Africa Case Law

Mcunu and Others v Master of the High Court Gauteng Division, Johannesburg and Others (2023/053319)

Mcunu and Others v Master of the High Court Gauteng Division, Johannesburg and Others (2023/053319) [2024] ZAGPJHC 1200 (14 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/053319

Judge

Windell

The court held that “my children” in the testator’s will included a non-biological daughter raised as his child, granting declaratory relief.

• Interpretation Of Wills
• Freedom Of Testation
• Succession
• Declaratory Relief
• Rights Of Children
• Interpretation-of-wills

Mavuso v Ndaba and Others (45990/2021)

Mavuso v Ndaba and Others (45990/2021) [2024] ZAGPJHC 906 (6 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

45990/2021

Judge

Fisher

The High Court dismissed a challenge to a 2016 will, finding no proof of forgery and accepting that the deceased validly left her property to the defendant.

• Validity Of Wills
• Testamentary Capacity
• Forgery Of Will
• Succession
• Estate Administration
• Validity-of-wills

De Ferm and Others v Hans Heinrich Ferdinand Otto Von Lieres und Wilkau N.O. and Others (10805/2023)

De Ferm and Others v Hans Heinrich Ferdinand Otto Von Lieres und Wilkau N.O. and Others (10805/2023) [2023] ZAWCHC 250 (11 October 2023)

Court

Western Cape High Court, Cape Town

Case number

10805/2023

Judge

Wille

The court held that South African law does not permit the enforcement of foreign tax claims against a local estate or legatee, and that the applicants and the foreign tax authority are not creditors of the estate. The executor's duties are governed by local law and the will, and only creditors reflected in the liquidation and distribution account may be paid. No double taxation agreement exists covering inheritance tax with the relevant foreign country, and the applicants lack standing to advance claims on behalf of the foreign tax authority. The applicants have not paid or committed to pay t…

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• Administration Of Estates Act
• Estate Duty Act
• Urgent Interdict
• Foreign Tax Enforcement
• Succession
• Specific Bequest

Geza and Others v Standard Trust Limited and Others (3534/2021)

Geza and Others v Standard Trust Limited and Others (3534/2021) [2023] ZAECQBHC 15 (14 March 2023)

Court

Eastern Cape High Court, Gqeberha

Case number

3534/2021

Judges

J W Eksteen, R E Griffiths

High Court matter on interpreting a joint will held that “our children” included a child born out of wedlock, and dismissed the exclusionary application.

• Will Interpretation
• Joint Will
• Children Born Out Of Wedlock
• Succession
• Declaratory Relief
• Will-interpretation

Ngxumali-Thomas and Another v Cokwana and Another (567/2021)

Ngxumali-Thomas and Another v Cokwana and Another (567/2021) [2021] ZAECBHC 13 (6 August 2021)

Court

Eastern Cape High Court, Bhisho

Case number

567/2021

Judge

Hartle

The court found that the matter could not be properly determined without a report from the Master as required by Uniform Rule 6(9), given the complexity of competing claims to marriage and executorship, and the potential application of both civil and customary law. The urgency arose from the Master's informal demand for the return of the applicant's letters of authority and the threat to issue new letters to the first respondent. The court declined to dismiss the application or grant interdictory relief at this stage, instead postponing the matter and directing the Master to provide a report…

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• Administration Of Estates Act
• Customary Marriage Dispute
• Letters Of Executorship
• Interdictory Relief
• Succession
• Rule 6 9 Master Report

Goosen and Another v Wiehahn and Others (761/2018)

Goosen and Another v Wiehahn and Others (761/2018) [2019] ZASCA 137; 2020 (2) SA 341 (SCA) (1 October 2019)

Court

Supreme Court of Appeal

Case number

761/2018

Judges

Ponnan, Cachalia, Zondi, Dambuza, Nicholls

The Supreme Court of Appeal held that the right conferred by clause 2.3 of the will was a personal right regulated by testamentary disposition, not a pactum de contrahendo. The court found that the Alienation of Land Act's formalities did not apply to such testamentary rights, and the executrix was bound to offer the farm to the first appellant in accordance with the will. The sale agreement was valid, and the application to declare it null and void was misconceived. The court emphasized that the interpretation of the will must give effect to the testator's wishes and that the right to purcha…

Source excerpt

• Interpretation Of Wills
• Testamentary Conditions
• Alienation Of Land Act
• Option To Purchase
• Succession
• Personal Rights Vs Real Rights

Van Heerden and Another v Van Heerden and Others (1895/2014)

Van Heerden and Another v Van Heerden and Others (1895/2014) [2018] ZAECGHC 118 (22 November 2018)

Court

Eastern Cape High Court, Grahamstown

Case number

1895/2014

Judge

Plasket

The court held that the plaintiffs failed to prove the testator lacked testamentary capacity, so the 2010 will stood and the action was dismissed with costs.

• Testamentary Capacity
• Wills Act
• Onus Of Proof
• Succession
• Estate Administration
• Testamentary-capacity

Patricia Shelly Hoste N.O and Another v Karen Lotter N.O and Others (3710/2015)

Patricia Shelly Hoste N.O and Another v Karen Lotter N.O and Others (3710/2015) [2018] ZAECGHC 77 (10 May 2018)

Court

Eastern Cape High Court, Grahamstown

Case number

3710/2015

Judge

Pickering

The High Court held that Will 6, dated 25 March 2012, was validly executed and dismissed the challenge based on alleged fraud and non-compliance.

• Wills Act Formalities
• Fraud In Execution Of Will
• Burden Of Proof
• Succession
• Testamentary Capacity
• Wills-act-formalities

Mkhutsane and Others v Pule and Others (2477/2016)

Mkhutsane and Others v Pule and Others (2477/2016) [2017] ZAFSHC 117 (6 July 2017)

Court

Free State High Court, Bloemfontein

Case number

2477/2016

Judge

MH Rampai

The High Court upheld an exception to a summons, finding the plaintiffs’ particulars of claim vague and embarrassing because of conflicting death dates and inadequate pleading.

• Exception To Summons
• Vagueness And Embarrassment
• Deeds Registries Act
• Succession
• Pleading Requirements
• Civil-procedure

S and Others v V N.O and Others (28329/2015)

S and Others v V N.O and Others (28329/2015) [2016] ZAGPJHC 221 (11 August 2016)

Court

South Gauteng High Court, Johannesburg

Case number

28329/2015

Judge

D S S Moshidi

The court found that the 2012 will revoked the 2011 will and that the scanned copy of the 2012 will, emailed to the executor and others, was valid and reflected the deceased's intentions. The common law presumption of animus revocandi did not apply because there was insufficient evidence that the deceased destroyed the original 2012 will with intent to revoke it, and the search for the original was inadequate. Even if the presumption applied, it was rebutted by the deceased's consistent conduct in maintaining valid wills and communicating his wishes. The court exercised its discretion under s…

Source excerpt

• Wills Act Section 2 3
• Revocation Of Will
• Succession
• Administration Of Estates Act
• Presumption Of Animus Revocandi