SUMMARY This case dealt with the will of one late Abhraham Gerhadus Geldenhuys (the “Testor”) executed on 27 November 1990 (the “Will”). Included in the Testor’s estate was 2 (two) farms described as Hunites and Holte (the “Farms”), which he bequeathed to his wife, Mrs Alberta Johanna Geldenhuys (“Mrs Geldenhuys”). The bequeath was subject to
SUMMARY The matter before the Supreme Court Appeal (the “SCA”) dealt with the question of whether an unsigned will constituted the deceased’s last will and testament. The Appellant in this matter is the deceased’s widow (his second wife) and the Respondents are the deceased’s biological children, born of his marriage to his first wife, as
BACKGROUND AND SUMMARY In casu, the Supreme Court of Appeal (SCA) judgment deals with the interpretation of a Notarial Deed of Trust, whereby the court was tasked with determining whether the words ‘children’, ‘descendants’, ‘legal descendants’ and ‘issue’ was intended to benefit and include ‘adoptive children’.    In this matter, a trust donor – Mr