Bester

Mr and Mrs A made a joint will in terms of which they bequeathed all their assets, which included immovable property, to 'ons kinders' (our children).

Both Mr and Mrs A were previously married. Mr A never had any children because he was sterile, but Mrs A had two children from her previous marriage and who lived with them when they (the children) were still young. Mr and Mrs A both died in the same motor vehicle accident. When transfer documents which aimed to effect transfer of the couple's immovable property to Mrs A's children were lodged in the Johannesburg Deeds Office, they were rejected because the Registrar was of the opinion that it could not be said that Mr A intended Mrs A's children to be his sole heirs and that Mr A therefore died intestate.

The executor approached the court for a declaratory order and the court found that it was indeed correct to transfer the property to the children of Mrs A, taking all the relevant facts as they existed at the time of making the will into account.