Nome oF woTION
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA|
In the matter between:-
PETRUS JACOBUS VAN DER WESTHUIZEN N.O.
FERDINAND HARTZENBERG.
and
THE MASTER OF THE HIGH COURT, Pi
AMOR INES VAN DER WESTHUIZEN. Second Respondent
PSG CONSULT TRUST (PTY) LTD Third Respondent
KOTIE JANSE VAN RENSBURG N.O. Fourth Respondent
NOTICE OF MOTION
BE PLEASED TO TAKE NOTICE that an application will be made on behalf of the
first and second applicants, for an order in the following terms:-2
Novice oF orion
2
1 Declaring the last will and testament, drafted and executed by and on the
instructions of the late Joost Heystek van der Westhuizen, signed and dated on
2 September 2015 at Dainfem, Fourways, together with the codicil thereto
(annexure "FH1" to the notice of motion), valid as the intended last will and
testament of the late Joost Heystek van der Westhuizen, for purposes of the
Administration of Estates Act, Act 66 of 1965
2 The first respondent is directed, in terms of Section 2(3) of the Wills Act, Act 7
0f 1953, to accept the document drafted and executed by the late Joost Heystek
van der Westhuizen on 2 September 2015 at Dainfern, Fourways (annexure
“FH1" to the notice of motion), as the intended last will and testament, together
with the codicil thereto, of the late Joost Heystek van der Westhuizen, for
Purposes of the Administration of Estates Act, Act 68 of 1965,
3 The first respondent is directed to appoint the first applicant (PETRUS
YACOBUS VAN DER WESTHUIZEN) as the executor of the estate of the late
Joost Heystek van der Westhuizen, for purposes of the Administration of
Estates Act, Act 66 of 1965.
4 The first respondent be ordered to accept the Photocopy of the original last
will-and testament, together with the codicil annexed thereto, drafted and
executed by the late Joost Heystek van der Westhuizen, on 2 September 2015
at Dainfern, Fourways (annexure “FH1” to the notice of motion), as the duplicate
original last will and testament in terms of section 8(48) of the Administration of
Estates Act, 66 of 1965;3
Nonice o womion :
5. Alternatively, that the first respondent be ordered to accept the photocopy of
the last will and testament, together with the codicil annexed thereto, drafted
and executed by the late Joost Heystek van der Westhuizen on 2 September
2015 at Dainfern, Fourways (annexure "FH1” to the notice of motion), as the
intended last will and testament, together with the codicil thereto, of the late
Joost Heystek van der Westhuizen, in terms of the provisions of section 2(3) of
the Wills Act, 7 of 1953 for purposes of the Administration of Estates Act, Act
66 of 1965;
6 That those respondents who oppose this application be ordered to pay the
costs of this application on the attomney-and-client scale.
7 Further and/or alternative relief.
BE PLEASED TO TAKE FURTHER NOTICE that the affidavits deposed to by
FERDINAND HARTZENBERG and PETRUS JACOBUS VAN DER WESTHUIZEN,
together with the annexures thereto, will be used in support of this application.
BE PLEASED TO TAKE FURTHER NOTICE that the first and second applicants
have appointed the acidress of their aitorneys of record, being BDK Attorneys,
situated at Ground Floor, Oxford Terrace, No 3 Ninth Street, Houghton Estate,
Johannesburg, with telephone number 011 838-1214 and email address
ulrich@bdk.co.za, clo Jacobson Levy Ine., situated at 215 Orient Street, Arcadia,
Pretoria, as the address at which they will accept service of process in these
proceedings.