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South Africa decisions
Decisions matching the current search
Gumbi and Others v Master of the High Court, Johannesburg and Others (21700/2021) [2023] ZAGPJHC 862 (4 August 2023)
The High Court held that a testamentary restriction was a nudum praeceptum and unenforceable, but the bequest itself remained valid. The application was dismissed.
Maree NO v Griesel (A106/2012) [2012] ZAFSHC 227 (6 December 2012)
The Full Bench held that rental already contractually owing at the lessor’s death fell within a will clause discharging amounts owed, so the appeal failed.
Ramonare v Molly's Funeral Parlour and Another (4277/09) [2009] ZAFSHC 83 (10 September 2009)
A South African High Court held that the deceased died partly intestate, so the surviving spouse shared heirship and was entitled to bury him.
Bester NO v Nel en Andere (17004/2008) [2008] ZAGPHC 402 (12 December 2008)
The court interpreted “our children” in a joint will as referring to Ingrid Steyn’s two daughters, not intestacy, and ordered estate costs accordingly.
Webb v Davis NO and Others (311/96) [1998] ZASCA 10; 1998 (2) SA 975 (SCA); [1998] 2 All SA 584 (A) (17 March 1998)
The Supreme Court of Appeal held that a testamentary bequest vested immediately, with payment and bond-registration terms treated as a modus, not suspensive conditions.
Heymans v Van Tonder (2) (406/83) [1985] ZASCA 44; [1985] 2 All SA 389 (A) (29 May 1985)
The court held that the testament gave the surviving spouse a choice to pay or secure the appellant’s share on remarriage, not an immediate right to payment.
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