Goosen v Wiehahn

The testator, Abraham Gerhardus Geldenhuys, bequeathed two farms (Hunites and Holte) to his spouse subject to testamentary conditions granting his son-in-law, Gert Johannes Scheepers Goosen, a right to purchase the farms at a fixed price per morgen, either during the spouse’s lifetime if she chose to sell, or within three months after her death if she had not sold. During her lifetime, the spouse sold one farm (Holte) to Goosen in terms of the will. After her death in December 2017, Goosen exercised the right in clause 2.3 to purchase the remaining farm (Hunites), and the executrix concluded a sale agreement with him at the will’s stipulated price. One of the testator’s daughters, Elsa Wiehahn, challenged the validity of the sale, contending that the testamentary right was an unenforceable option to purchase land that did not comply with the Alienation of Land Act 68 of 1981.

The appeal was upheld with costs. The order of the Northern Cape High Court was set aside and replaced with an order dismissing the application with costs.

The case clarifies the distinction in South African law between contractual options to purchase land and rights arising from testamentary dispositions. It confirms that testamentary rights to acquire property are regulated by the law of succession, not by the Alienation of Land Act, and reinforces principles of will interpretation aimed at giving effect to the testator’s intention.