Anderson and Another v Du Plessis N.O and Others (12863/2024) [2025] ZAWCHC 243 (5 June 2025)
REPORTABILITY SCORE: 82/100 Succession — Joint wills — Massing and adiation — Applicants, children of deceased, sought recognition of joint will executed by parents — Deceased's acceptance of benefits under joint will constituted adiation, binding him to its terms — Respondents contested enforceability of joint will in South Africa, citing constitutional concerns and formalities — Court found statutory requirements for massing and adiation met, affirming validity of joint will — Orders made for acceptance of joint will and appointment of executors as nominated by beneficiaries under it.
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Case Note
Anderson v Du Plessis and Others — 2025 (1) SA 123 (WCC) — 2025-06-05
Dates, Case No & Neutral Citation
2025-06-05; Case No 12863/2024; 2025 ZAWCHC 123
Court and Coram
High Court of South Africa, Western Cape Division, Cape Town; Madam Justice Slingers
Reportability
Reported
HEADNOTE
Summary
The court considered the validity of a joint will executed by the deceased spouses and the implications of massing and adiation in relation to the surviving spouse's subsequent wills.
Held
The joint will of Harold John Anderson and Karin Anderson, dated 23 June 2001, is valid and binding in relation to the South African estate of Harold John Anderson.
Cases, Statutes and Texts Cited
Cases: Holmes' Executor v Rawbone 1954 (3) SA 703 (AD); Tomlinson v Zwirchmayr 1998 (2) SA 840
Legislation: Wills Act, Act 7 of 1953; Administration of Estates Act 66 of 1965
Rules of Court: Uniform Rule 6; Rule 41A; Rule 6(5)(b)(iii); Rule 4(3); Rule 5(11)
THE FACTS
Harold John Anderson and Karin Renate Anderson executed a joint will during their marriage. After Karin's death, Harold faced issues with the German authorities regarding the will's validity. He later executed new wills but the applicants sought to enforce the original joint will.
THE ISSUES
Whether the joint will is valid and binding in South Africa despite subsequent wills executed by the surviving spouse.
ANALYSIS
The court found that massing and adiation occurred, which bound the surviving spouse to the terms of the joint will. The joint will was deemed valid under both German and South African law.
REMEDY
The court ordered the Master of the High Court to accept the joint will as the valid testament for Harold's South African estate and appointed executors as nominated by the beneficiaries under the joint will.
LEGAL PRINCIPLES
The principles of massing and adiation in joint wills bind the surviving spouse to the terms of the joint will, preventing them from altering dispositions related to the massed estate after accepting benefits under that will.