Succession Case List:

NB: The cases listed below are cases that were discussed in class. This is not a
comprehensive list your book covers other cases. Cases are useful in illustrating
certain legal rules and principles.

Introduction to the law of succession:

Ex Parte Graham 1963 (4) SA 145 (D) simultaneous deaths
Greyling v Greyling 1978 (2) SA 114 (T) simultaneous deaths

Testamentary capacity:
Spies v Smith 1957 (1) SA 539 A - Testator was mentally handicapped
Essop v Mustapha and Essop 1988 (4) SA 213 D - testator was extremely ill at the time
of signing the will - could not be proven to be of unsound mind.

Formalities writing, signing, drafting:

Ex parte Davies 1957 (3) SA 471 (N) - what is a testamentary writing?
Liebenberg v the Master 1992 (3) SA 57 D - will is still valid even when the witnesses
signed the last page on the top of the page. As long as they have signed the last page
(see page 67 in your textbook)
Kidwell v The Master 1983 (1) SA 509 (E) - signed the will 17 centimeters below the
attestation clause and 13 centimeters below the signatures of the witnesses. Will found
invalid - the testators signature was not as close as reasonably possible to the end of
the written part of the will.
Radley v Stopforth 1977 (2) SA 516 (A) failure of administrative officer to state
capacity as commissioner of oaths.
Jeffrey v The Master 1990 (4) SA 759 (N)
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Section 2(3) Condonation:

Webster v The Master 1996 (1) SA 34 (D) The strict approach drafted or executed.
Back v The Master 1996 (2) All SA 161 (C) The flexible approach to section 2(3).
Bekker v Naude 2003 (5) SA 173 (SCA) - SCA judgement on section 2(3) settled
uncertainty re drafted. The SCA preferred the narrow (strict) interpretation.

Capacity to inherit:
Ex Parte Steenkamp and Steenkamp 1952 (1)SA 744 (T) A murderer is able to inherit
from persons other than the victim and can inherit from his/her victims heir. Must be a
clear causal relationship between crime and advantage.
Taylor v Pim 1903 24 NLR 484 Unworthy person due to person being indignus
person lacking merit.
Pillay v Nagan 2001 (1) SA 401 (D) -forgery

Freedom of testation:
Minister of Education v Syfrets Trust Ltd Limitations on freedom of testation. Common
law limitation.
Levy v Schwartz 1948 (4) SA 930 (W) condition that interferes with beneficiaries
marital relationship contra bonos mores.

Content of wills:
Du Plessis v Strauss 1988 (2) SA 105 (A) - a si sine liberis decesserit clause with a
conditional fideicommissum implied presumption that children (descendants)
appointed as fideicommissaries.
Winstanley v Barrow 1937 AD 75 - said the effect of joinder verbis tantum is to create a
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presumption that the testator did not want accrual to take place. The presumption is that
s/he intended to exclude the right of accrual.
Lello v Dales 1971 (2) SA 330 A said re joinder verbis tantum accrual depends on
the probable intention of the testator.