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South Africa decisions
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Gerntholtz and Others v Pieterse N.O and Others (3958/2023) [2025] ZAWCHC 51 (18 February 2025)
The High Court held a testamentary bequest to Boerelegioen-related entities void for vagueness and contrary to public policy, and ordered intestate succession.
Moodley v James and Others (D6046/2023) [2023] ZAKZDHC 92 (4 December 2023)
The court found that the joint will, when properly construed as a whole, clearly expresses the testators’ intention that their estates be bequeathed to an inter vivos trust for the benefit of the applicant. Clause 3 and clause 4 are the dominant clauses and must be given full effect. The first respondent’s interpretation, which would result in partial intestacy, is contrary to the plain meaning of the will and would render the testators’ wishes redundant. The first respondent has no discretion to refuse to create the trust, and her continued delay is unlawful. The counter-application for a de…
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Van Niekerk (Jnr) and Another v Van Niekerk and Others (739/2020) [2023] ZANCHC 40 (17 March 2023)
The court upheld an appeal against an order appointing a co-executor, holding that the application to remove the executor should have been dismissed.
Van Aardt v Van Aardt (342/05) [2006] ZAECHC 37; 2007 (1) SA 53 (E) (10 August 2006)
A full bench held that a deferred sale of farms to a brother or his descendants was a prohibited pactum successorium and unenforceable.
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