South Africa Case Law

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

Nedbank Limited v Valente and Others (68894/2013)

Nedbank Limited v Valente and Others (68894/2013) [2015] ZAGPPHC 570 (11 August 2015)

Court

North Gauteng High Court, Pretoria

Case number

68894/2013

Judge

K E Matojane

The court held that clause 6.3 of the deceased's will does not operate to disinherit Riccardo upon attachment of his assets by a creditor. South African law does not permit a testator to shield a beneficiary's inheritance from creditors once rights have vested. The previous proceedings did not determine the issue of disinheritance, and the clause cannot be interpreted as creating a valid gift over or suspensive condition that would exclude Riccardo's inheritance from attachment. Nedbank is therefore entitled to levy execution against Riccardo's claim to the deceased estate, notwithstanding cl…

Source excerpt

• Testamentary Conditions
• Attachment Of Inheritance
• Creditor Rights
• Disinheritance
• Fraudulent Conduct

Van Deventer v Van Deventer and Another (88/06)

Van Deventer v Van Deventer and Another (88/06) [2006] ZASCA 116; [2007] 3 All SA 236 (SCA) (24 November 2006)

Court

Supreme Court of Appeal

Case number

88/06

Judges

Zulman, Farlam, Nugent, Mlambo, Malan

The court held that a testamentary condition referring to a farm’s “Land Bank valuation” did not require the Land Bank itself to set the price.

• Will Interpretation
• Right Of Pre Emption
• Land Bank Valuation
• Testamentary Conditions
• Will-interpretation
• Right-of-pre-emption