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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.
Roos v Saaiman NO and Others (19759/16) [2017] ZAGPPHC 683; 2018 (6) SA 279 (GP) (27 October 2017)
The High Court held that a signed 2011 letter to Absa Trust revoked the deceased's 1994 will, so she died intestate and her surviving spouse inherited.
Moosa NO and Others v Harnaker and Others (400/17) [2017] ZAWCHC 97; [2017] 4 All SA 498 (WCC); 2017 (6) SA 425 (WCC) (14 September 2017)
The High Court held that section 2C(1) of the Wills Act unfairly excluded spouses in polygynous Muslim marriages and ordered a constitutional reading-in remedy.
Louw NO v Kock and Another (14270/2015) [2016] ZAWCHC 165; 2017 (3) SA 62 (WCC) (31 October 2016)
Section 2B of the Wills Act is clear and unambiguous: a previous spouse is disqualified from inheriting under a will executed before divorce if the testator dies within three months of the divorce, unless the will itself demonstrates an intention to benefit the previous spouse notwithstanding the dissolution. The will in question nominates the 'longest living' spouse as sole heir but does not expressly provide for inheritance after divorce. The court found that the will does not indicate an intention to benefit the plaintiff after divorce, nor does Section 2B permit extrinsic evidence to rebu…
Source excerpt
Blom and Another v Brown and Others ([2011] 3 All SA 223 (SCA)) [2011] ZASCA 54; 345/10 (31 March 2011)
The SCA held that a spouse who wrote out a will was not disqualified from benefiting because section 4A(2)(a) and (b) of the Wills Act applied.
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