In a landmark ruling, the Western Cape High Court has ordered three stepsons to sign a deed of sale for their late father’s property, enabling their 78-year-old stepmother, Margaret Hart, to sell the guest house she had been running for over two decades. The property in Camps Bay, Cape Town, had been a joint business venture between Margaret and her late husband, Peter Dionysius Hart, before his death in 2013.
Margaret, who had been married to Peter out of community of property since 1984, found herself in a financial bind as her age and health made it impossible for her to continue running the business. In 2023, she decided to sell the property for R17 million, with plans to invest the proceeds for her financial security. However, her efforts were thwarted when her three stepsons—appointed as the executors of Peter’s estate—refused to sign the deed of sale.
The stepsons argued that Peter’s will prohibited Margaret from selling the property or using the proceeds to invest in any other asset. They pointed to a specific clause in the will, which bequeathed the property to them in equal shares, with no mention of the widow’s right to sell. In their view, their father’s intention was for them to control the property and veto any sale or investment decisions, fearing that Margaret could misuse the estate to support her brother’s questionable financial ventures at their expense.
However, Margaret relied on a different clause in the will, which granted her the usufruct of all her husband’s assets, allowing her to manage and dispose of them as she wished, provided the executors did not unreasonably withhold their approval. She argued that this special bequest gave her the absolute right to sell the property, with the proceeds benefiting her comfort and well-being.
Acting Judge Zuko Mapoma ruled in favor of Margaret, stating that the stepsons’ interpretation of the will was flawed. He dismissed their extrinsic evidence as speculative and irrelevant, emphasizing that the language in the will clearly granted Margaret the right to sell the property. The judge pointed out that there was no evidence to suggest that the testator (Peter) intended for the stepsons to have veto power over the sale.
Judge Mapoma ordered the stepsons to sign the deed of sale within 10 days, allowing the sale of the guest house to proceed. The ruling marked a victory for Margaret, who had long been seeking financial stability after years of hard work running the guest house with her late husband.
This decision has not only given Margaret the opportunity to secure her future but also sets a precedent for the interpretation of wills and the rights of surviving spouses in similar situations. With the legal battle behind her, Margaret is now free to reinvest the proceeds of the sale into a financial investment that will provide for her in her later years.
As for the stepsons, their attempts to control the fate of the property were overruled, and they were reminded that the words of the will spoke louder than their personal interpretations of their father’s intentions.
