Thereafter he made a second will revoking the first

This preview shows page 25 - 27 out of 50 pages.

Thereafter he made a second will revoking the first and appointing his uncles children (the first respondent) as beneficiaries. After his death approximately ten years later, his step mother contested the validity of the second will on behalf of her minor daughter. She contended that the testator had not been “mentally capable” when he made the second will. In the alternative she contest that the uncle had unduly influenced him. The court held that the second will was valid and an appeal against this decision was dismissed. In our law there is rebuttable presumption that a testamentary writing was executed by a competent testator and that it reflects the testators intention. Consequently a person, who alleges that a will was executed as a result of undue influence, will have to prove that is the case. ARONSON v ESTATE HART: condition in a will compelling a beneficiary to marry a Jew. 25
Image of page 25

Subscribe to view the full document.

The testators will contained a condition providing for a forfeiture by a beneficiary of all benefits bequeathed to such beneficiary under the will if he or she “should marry a person not born in the Jewish faith or forsake the Jewish faith”. One of the beneficiaries under the will applied for an order declaring the condition to be void. The application was dismissed by the court a quo and an appeal against this decision was unsuccessful. There can therefore be no doubt that a clause in a will providing that a beneficiary will forfeit a benefit should he or she not marry a person of a certain race , faith in principle is valid. BARCLAYS BANK DC & O v ANDERSON – condition in a will with regard to the disruption of an existing marriage: A testator left certain portions of a farm to his children. In clause 12(b) of the will it was provided that every beneficiary “shall …. Personally, permanently and beneficially occupy” the land bequeathed to him/her. In clause 12(c) it was provided that should a beneficiary fail to occupy his/her land, he/she would lose all right and claim to his/her portion of the farm. Massing: Rhode v Stubbs 2005 (5) SA 104 (SCA) Facts Attie and Lettie Williams, who were married in community of property, executed a joint will. In the Will they provided that the plot (“erf”) in Pniel on which they resided and in respect of which they had rights of occupation, had after the death of the first-dying to be divided into two more or less equal parts. There were two houses on the plot, an old one and a new one. The rights to the one part of the plot (with the old residence thereon) were bequeathed to their son, Archie Williams, and the rights to the other part (with the new residence thereon) were bequeathed to Ethel Mentoor (Attie's daughter from a previous marriage). These bequests were made subject to a usufruct in favour of the “survivor of us”. The will further provided in clause 8: We nominate and appoint the children born out of our marriage as heirs of the residue of our joint estate, loose assets as well as fixed property . . . and desire that they shall inherit the residue in equal shares. When Attie died, his share of
Image of page 26
Image of page 27
  • Fall '15
  • Inheritance, Intestacy, Will, Testator, Wills and trusts

{[ snackBarMessage ]}

Get FREE access by uploading your study materials

Upload your study materials now and get free access to over 25 million documents.

Upload now for FREE access Or pay now for instant access
Christopher Reinemann
"Before using Course Hero my grade was at 78%. By the end of the semester my grade was at 90%. I could not have done it without all the class material I found."
— Christopher R., University of Rhode Island '15, Course Hero Intern

Ask a question for free

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern