South Africa Case Law

Ebeling v Koch and Others (Appeal) (A 169/2024)

Ebeling v Koch and Others (Appeal) (A 169/2024) [2025] ZAWCHC 59; [2025] 3 All SA 151 (WCC); 2025 (4) SA 584 (WCC) (21 February 2025)

Court

Western Cape High Court, Cape Town

Case number

A169/2024

Judges

R Henney, J Cloete, C N Nziweni

The High Court held that the appellant had a prima facie claim and standing to support attachment of property to found jurisdiction in a foreign defendant case.

• Attachment Ad Fundandam Jurisdictionem
• Locus Standi
• Wills Act Section 4a
• Intestate Succession
• Abstract System Of Transfer
• Attachment-ad-fundandam-jurisdictionem

Van Heerden v Picton and Others (3793/2020)

Van Heerden v Picton and Others (3793/2020) [2021] ZAKZPHC 93 (19 November 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

3793/2020

Judge

Mossop AJ

The court held that a beneficiary who completed a will schedule was limited to her intestate share, while the executor-beneficiary was disqualified from any benefit.

• Wills Act Section 4a
• Testamentary Capacity
• Undue Influence
• Intestate Succession
• Executor Disqualification
• Wills-act-section-4a

Le Grange v Barkhuizen and Others (2620/2020)

Le Grange v Barkhuizen and Others (2620/2020) [2021] ZAFSHC 12 (4 February 2021)

Court

Free State High Court, Bloemfontein

Case number

2620/2020

Judge

Mathebula

The court held that the 2 April 2018 will was the testator’s last valid will, declared the applicant competent under section 4A, and dismissed the counter-application.

• Wills Act Section 4a
• Testamentary Capacity
• Undue Influence
• Appointment Of Executrix
• Wills-act-section-4a
• Testamentary-capacity

Pretorius (16727/13), Ex parte

Pretorius (16727/13), Ex parte [2017] ZAWCHC 11; [2017] 2 All SA 558 (WCC) (23 February 2017)

Court

Western Cape High Court, Cape Town

Case number

16727/13

Judge

Savage

High Court dismissed an ex parte application to validate a witness-beneficiary under a will because material disputes of fact and nondisclosure were unresolved.

• Wills Act Section 4a
• Undue Influence
• Beneficiary Disqualification
• Motion Proceedings
• Disputes Of Fact
• Wills-act

Scott and Others v Master of the High Court, Bloemfontein and Others (2582/2012)

Scott and Others v Master of the High Court, Bloemfontein and Others (2582/2012) [2012] ZAFSHC 190 (11 October 2012)

Court

Free State High Court, Bloemfontein

Case number

2582/2012

Judge

K.J. Moloi

The applicants failed to discharge the onus of proving, on a balance of probabilities, that the deceased was mentally incapable of appreciating the nature and effect of his act when making and signing the disputed will. The evidence presented by the applicants was insufficient and did not relate to the relevant dates. The respondents' version, supported by corroborating witnesses and medical evidence, established that the deceased was competent at the time of executing the will. The factual disputes could not be resolved in the applicants' favour on the papers, and the respondents' version wa…

Source excerpt

• Testamentary Capacity
• Wills Act Section 4a
• Burden Of Proof
• Factual Dispute
• Costs Order