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South Africa decisions
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Coetzee and Another v Struwig and Another (1493/2021) [2022] ZAFSHC 13 (3 February 2022)
High Court exception upheld in a wills dispute: the plaintiffs lacked locus standi, and their amended claim disclosed no cause of action.
Nhlapho-Masoeu and Others v Mokoena and Others (4373/2021) [2022] ZAFSHC 7 (27 January 2022)
The court found that the 2019 joint will did not effect a massing, as it appointed the late Mr Masoeu as the sole and universal heir of the late Mrs Masoeu. Upon her death, he acquired full ownership of the joint estate and was entitled to deal with it as he wished, including bequeathing it to the first respondent. Clause 5 of the 2019 joint will did not create a resolutive condition or restrict his ownership. The applicants were disinherited by the terms of the 2019 joint will and are not beneficiaries of the estate. The Rule Nisi was discharged as the applicants failed to establish any righ…
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Mnisi v de Beer and Others (31823/2021) [2021] ZAGPJHC 818 (15 December 2021)
The High Court confirmed the applicant’s marriage was valid, invalidated the competing marriage, and upheld a mutual will despite a challenge based on marriage in community of property.
Moosa NO and Others v Minister of Justice and Correctional Services and Others (CCT251/17) [2018] ZACC 19; 2018 (5) SA 13 (CC); 2018 (10) BCLR 1280 (CC) (29 June 2018)
The Constitutional Court confirmed that section 2C(1) of the Wills Act unfairly excluded spouses in Muslim marriages from “surviving spouse” benefits.
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