South Africa Case Law

Volkwyn v Williams and Others (4398/2007)

Volkwyn v Williams and Others (4398/2007) [2008] ZAWCHC 255 (28 August 2008)

Court

Western Cape High Court, Cape Town

Case number

4398/2007

Judge

Fourie

The court held that the law is clear: all persons with a direct and substantial interest in the relief sought must be joined as parties. In proceedings to declare a will invalid, this includes all beneficiaries and the executor. The applicant failed to join Roy and Barbara Volkwyn and the co-executor, Mr Bey, despite being notified of this defect. Mere notice or non-intervention by interested parties does not suffice, as it does not amount to an undertaking to be bound by the judgment. Without formal joinder, the court is precluded from deciding the merits of the application. The application…

Source excerpt

• Non Joinder
• Wills And Estates
• Rule 6 Procedure
• Rule 10 Joinder