South Africa Case Law

Johnson v Johnson and Others (16626/2023)

Johnson v Johnson and Others (16626/2023) [2025] ZAWCHC 54 (19 February 2025)

Court

Western Cape High Court, Cape Town

Case number

16626/2023

Judge

P D Andrews

The court found, on a balance of probabilities, that the deceased did not possess the requisite testamentary capacity to execute either the 2015 or 2016 Will. Expert medical evidence, including a MOCA score of 13/30 and psychiatric assessments, established significant cognitive impairment due to moderately advanced dementia. The evidence of Ms Johnson and the unchallenged expert reports corroborated the deceased's inability to appreciate the nature and effect of her actions, recall her assets, or identify her heirs. The suspicious circumstances surrounding the execution of both Wills and the…

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• Testamentary Capacity
• Wills Act
• Executor Removal
• Intestate Succession
• Property Transfer Setting Aside
• Undue Influence

Britt and Others v Gil N.O and Others (21865/2022)

Britt and Others v Gil N.O and Others (21865/2022) [2024] ZAGPJHC 1096 (28 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

21865/2022

Judge

Fisher

High Court removed an executor for conflict of interest and breakdown of trust in administering a deceased estate, and dismissed his counter-application.

• Removal Of Executor
• Conflict Of Interest
• Administration Of Estates Act
• Wills Act
• Undue Influence
• Estate Administration

Masonte v Makota and Others (44131/2023)

Masonte v Makota and Others (44131/2023) [2024] ZAGPPHC 744 (30 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

44131/2023

Judge

Baqwa

The court set aside a fraudulently obtained title deed and ordered the property transferred to the applicant, but awarded the respondent proven improvement costs.

• Title Deed Cancellation
• Fraudulent Transfer
• Wills Act
• Locus Standi
• Unjust Enrichment
• Title-deed-cancellation

Moshabane v Mtshagi and Others (70/2022)

Moshabane v Mtshagi and Others (70/2022) [2024] ZAECQBHC 2 (25 January 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

70/2022

Judges

V P Noncembu, T Malusi

The applicant failed to establish locus standi, as she was neither a nominated beneficiary under the impugned will nor entitled to inherit intestate, given the marriage between her father and the testatrix was out of community of property and the relevant legal consequences had crystallised prior to the Sithole judgment. The applicant's allegations of forgery and disqualification of the first respondent were unsupported by evidence and convincingly rebutted by affidavits from the actual witness and the drafting attorney. No genuine dispute of fact existed on the papers, and the applicant's as…

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• Wills Act
• Locus Standi
• Non Joinder
• Forgery Of Will
• Intestate Succession
• Costs Order

Obst v Machabe N.O and Another (2021/47605)

Obst v Machabe N.O and Another (2021/47605) [2023] ZAGPJHC 1381 (27 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/47605

Judge

A.D. Stein

The High Court held that a 2021 will was a forgery, accepted a copy of the 2015 will as valid, removed the executor, and appointed the applicant.

• Wills Act
• Forgery Of Will
• Executor Removal
• Administration Of Estates Act
• Testamentary Capacity
• Wills-act

Lourenco and Another v Lourenco and Others (16945/2020)

Lourenco and Another v Lourenco and Others (16945/2020) [2023] ZAGPJHC 796 (17 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

16945/2020

Judge

Fisher

The High Court rescinded a default order declaring a disputed document the deceased’s will, finding interested parties were not notified and should have been joined.

• Rescission Of Judgment
• Joinder Of Interested Parties
• Wills Act
• Intestacy
• Executor Fiduciary Duties
• Rescission-of-judgment

Van Den Heever N.O and Another v Poulos N.O and Others (43528/2015)

Van Den Heever N.O and Another v Poulos N.O and Others (43528/2015) [2023] ZAGPJHC 349 (18 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

43528/2015

Judge

Oosthuizen-Senekal CSP

The court found that Nicholas Valasis, through his conduct and correspondence in December 2013, unequivocally accepted (adiated) his inheritance under the will of his late mother, Lulu Valasis. This acceptance was communicated to third parties and formed the basis for contractual undertakings, notably the payment of the arbitrator’s fee. The subsequent written renunciation in April 2014 was ineffective, as the election to adiate is irrevocable once made. The inheritance thus vested in the insolvent estate and must be administered by the trustees for the benefit of creditors. The defendants’ f…

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• Adiation And Renunciation
• Insolvent Estate
• Liquidation And Distribution Account
• Wills Act
• Executor Duties

Motsepe v The Master of the High Court, JHB and Others (18448/2021)

Motsepe v The Master of the High Court, JHB and Others (18448/2021) [2022] ZAGPJHC 667 (12 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

18448/2021

Judge

A Makume

The applicant has established all four requirements for an interim interdict: he is the surviving spouse and potential heir, there is a genuine dispute regarding the validity of the will, irreparable harm may result if the estate is wound up before the dispute is resolved, the balance of convenience favours granting the interdict as the respondents have not progressed with estate administration, and the applicant has no alternative remedy. The issue of non-joinder is not material to the interim relief sought in Part A and will be addressed in subsequent proceedings. The respondents have faile…

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• Interim Interdict
• Removal Of Executor
• Validity Of Will
• Estate Administration Act
• Wills Act

Dube v Ndlovu and Others (20/13909)

Dube v Ndlovu and Others (20/13909) [2022] ZAGPJHC 37 (25 January 2022)

Court

South Gauteng High Court, Johannesburg

Case number

20/13909

Judge

Flatela

The court found that the 2014 will expressly revoked all previous wills and codicils, including the 2011 will, as evidenced by its clear language and revocation clause. The applicant's argument that the silence of the 2014 will on the Kagiso Property meant the 2011 will should prevail was rejected. The court held that the testator's intention, as reflected in the 2014 will, was to exclude the applicant as a beneficiary and to treat the Kagiso Property as part of the residue of the estate. The principles of freedom of testation and the requirement to give effect to the testator's last wishes w…

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• Wills Act
• Revocation Of Wills
• Freedom Of Testation
• Customary Marriage
• Interpretation Of Wills

Hamman and Another v Master of the High Court and Others (3871/2017)

Hamman and Another v Master of the High Court and Others (3871/2017) [2022] ZAFSHC 74 (21 January 2022)

Court

Free State High Court, Bloemfontein

Case number

3871/2017

Judge

Daniso

The court held that the deceased lacked testamentary capacity when signing the 6 January 2017 will, declared it invalid, and upheld the 22 October 2015 will.

• Testamentary Capacity
• Wills Act
• Burden Of Proof
• Invalidity Of Will
• Testamentary-capacity
• Will-validity