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South Africa decisions
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Perumal v Janse Van Rensburg N.O and Others (081849/2023) [2025] ZAGPPHC 145 (18 February 2025)
The High Court held that an unsigned amended will met section 2(3) of the Wills Act because the deceased clearly intended it to be his final will.
Helmie and Another v Ruiters and Others (3634/15) [2017] ZAECPEHC 13 (14 February 2017)
The High Court refused to declare an unsigned copy of a disputed document to be the deceased’s will, finding the applicants had not proved authenticity or testamentary intent.
Mitchell NO v Wren and Others (153/2015) [2016] ZASCA 50 (1 April 2016)
The Supreme Court of Appeal held that two handwritten suicide notes were testamentary amendments, with annexure A written last and accepted as a valid codicil.
District Grand Lodge of South Africa (Western Division) v Master of the High Court, Cape Town and Others (19006/2015) [2016] ZAWCHC 15 (1 March 2016)
The High Court interpreted a will clause to allow the applicant’s board to keep nominating trustees to a charitable trust, and granted declaratory relief.
Jansen van Rensburg NO and Others v Master of the High Court, Grahamstown and Another (585/2012) [2012] ZAECGHC 38 (23 April 2012)
The court interpreted a will and held that “the rest will go to” referred only to unclaimed household contents, not the residue of the estate.
Wessels v Die Meester van die Hooggeregshoof Bloemfontein en Andere (216/2006) [2007] ZASCA 17; [2007] SCA 17 (RSA) (23 March 2007)
The Supreme Court of Appeal held that the joint will executed by the testator and his spouse lapsed upon her death, as its operative provisions were conditional on the testator predeceasing her. The subsequent codicils, although validly executed, did not contain clear and unequivocal language evidencing the testator's intention to revive the lapsed joint will. Instead, the codicils reflected the testator's mistaken belief that the joint will remained valid, and merely purported to amend its terms. The Court affirmed that, in the absence of a clear revival intention expressed in a valid testam…
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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…
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