Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

UP scholar makes the case for specialised environmental courts to curb pollution

July 27, 2026

Homeowner wins appeal after arguing sale of family home for unpaid levies was too harsh

July 27, 2026

Fund ordered to recalculate pension benefit after retiree wins R2.53 million retirement dispute

July 27, 2026
Facebook X (Twitter) Instagram
Trending
  • UP scholar makes the case for specialised environmental courts to curb pollution
  • Homeowner wins appeal after arguing sale of family home for unpaid levies was too harsh
  • Fund ordered to recalculate pension benefit after retiree wins R2.53 million retirement dispute
  • JSC advises President Ramaphosa to suspend Eastern Cape Judge President Selby Mbenenge
  • Newly built dream house declared uninhabitable, engineer finds major structural defects
  • Gauteng mandatory mediation directive stands after legal challenge fails on procedural grounds
  • Unisa Law Clinic launches drive for professional attire donations to support LLB students
  • Consumers warned against paying for misleading quick exit debt review promises
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Court rules son excluded from Will must share in late mother’s R22 million estate
Civil Law

Court rules son excluded from Will must share in late mother’s R22 million estate

Western Cape High Court finds all four children entitled to benefit from disputed inheritance.
Kennedy MudzuliBy Kennedy MudzuliJune 8, 2026No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email
  • A dispute over a mother’s Will ended with the court finding that all four children are entitled to an equal share of her estate’s residue.
  • The court found that a dispute resolution clause in the Will took precedence over wording that seemed to leave one son out of the inheritance.
  • The attempt to remove the executor was dismissed, and the costs will be paid from the estate.

A family dispute over a multimillion-rand inheritance has ended with the High Court in the Western Cape ruling that a son could not be excluded from sharing in the residue of his late mother’s estate despite a clause in her Will that appeared to benefit only three of her four children.

The dispute arose after the death of JER Orlik on 27 March 2022. Orlik left an estate valued at just under R22 million and executed her final Will on 29 October 2021. While the Will made various bequests to her children, grandchildren and niece, disagreement emerged over who was entitled to inherit the balance of the estate after those bequests had been distributed.

Acting Judge DM Thulare was asked to determine the proper interpretation of the Will and whether Struan Orlik was entitled to share in the residue of the estate alongside his siblings, Ryszard Orlik, Arn Orlik and Meryn Orlik.

Son challenges being left out of inheritance

The Will left specific inheritances to a number of family members. Meryn Orlik received the deceased’s jewellery and a cash bequest. Ryszard Orlik and Arn Orlik each received substantial cash inheritances. The deceased’s grandchildren and niece were also beneficiaries.

Struan Orlik was left the deceased’s loan account in a trust together with all assets related to that trust and was nominated as a successor trustee. However, the dispute centred on Clause 3.8 of the Will, which provided that the balance of the estate, including all movable and immovable assets, would be distributed equally among Ryszard, Arn and Meryn.

Struan maintained that his mother never intended to exclude him from the residual inheritance and argued that the Will had to be interpreted as a whole.

Siblings and executor argue for Will’s strict reading

Marthinus Wessel Nagel, together with Ryszard, Arn and Meryn, contended that Clause 3.8 was clear and that only the three named siblings were entitled to the residue of the estate.

Struan disagreed and relied on Clause 3.11 of the Will, which dealt with disputes between the deceased’s children. That clause appointed Nagel to resolve disagreements and directed that the children should share equally in the inheritance when disputes arose.

Struan argued that Clause 3.11 demonstrated his mother’s intention that all four children should benefit equally and that the executor’s interpretation unfairly favoured his siblings.

In a counterapplication, Struan sought the removal of Nagel as executor, a stay of the administration of the estate, rectification of the Will and alternative relief.

Judge rules all children must share equally

Judge Thulare found that the dispute resolution clause applied to all four children and that there was no basis to exclude Struan from its operation.

Judge Thulare said, “There is no basis to conclude that Clause 3.11 excluded Struan from the dispute resolution mechanism which his mother set up in that clause.”

The court found that the dispute concerning the residue of the estate fell squarely within the wording of Clause 3.11. Judge Thulare said, “Nowhere does the Will say that Clause 3.8 was excluded from the operation of Clause 3.11.”

The judge rejected the argument that Clause 3.8 could be interpreted in isolation and stressed that the entire Will had to be considered when determining the deceased’s intentions.

Judge Thulare said, “Clause 3.11 is part of the whole of the terms of the Will from which the testator’s intention is to be determined.”

A central issue for the court was the principle contained in Clause 3.11 requiring equal sharing among the deceased’s children. Judge Thulare held, “The fundamental source of and basis for resolving the dispute between JER’s children was that all the children of JER, to which Clause 3.11 applied, should share in the entire bequest.”

The judge concluded that the residue of the estate should be shared equally among all four children, including Struan. Judge Thulare further remarked, “It is the testator who determines the destiny of their estate.”

Executor stays on after the challenge fails

The court also considered allegations raised by Struan concerning the administration of the estate, including disputes relating to loan accounts, investments and alleged offshore assets.

Judge Thulare found that several of these issues involved factual disputes that could not be resolved on the papers before the court. The judge was not persuaded that Nagel should be removed from office.

Judge Thulare said, “I am not persuaded that there is a need for the discharge of Nagel as executor.” The court also declined to find that Struan’s challenge lacked merit. Judge Thulare said, “Equally, I am not persuaded that Struan’s contest was spurious.”

The court dismissed the application seeking a declaration that only Ryszard, Arn and Meryn were entitled to inherit the residue of the estate.

The court also dismissed the counterapplication seeking the removal of Nagel as executor, the appointment of a replacement executor and related relief. Costs in both the main application and the counterapplication were ordered to be paid by the estate.

Conviction.co.za

Get your news on the go. Click here to follow the Conviction WhatsApp channel.

estate dispute Executor Inheritance law Interpretation of a Will Western Cape High Court
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Hospital cannot hide behind ‘error of judgment’ defence after teacher suffered brain damage

July 24, 2026

Only one of four WhatsApp allegations against Harmony Gold found defamatory

July 23, 2026

Transnet secures eviction order against unlawful occupiers in Cape Town crime hotspot

July 22, 2026
Leave A Reply Cancel Reply

Prove your humanity: 9   +   4   =  

Subscribe to our newsletter:
Top Posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

June 2, 2025
Don't Miss
Opinion
3 Mins Read

UP scholar makes the case for specialised environmental courts to curb pollution

By Dr Abimbola OlowaJuly 27, 20263 Mins Read

A University of Pretoria scholar argues that specialised environmental courts are needed to improve enforcement of environmental laws, deliver faster justice and better protect vulnerable communities from pollution.

Homeowner wins appeal after arguing sale of family home for unpaid levies was too harsh

July 27, 2026

Fund ordered to recalculate pension benefit after retiree wins R2.53 million retirement dispute

July 27, 2026

JSC advises President Ramaphosa to suspend Eastern Cape Judge President Selby Mbenenge

July 27, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
OUR PICKS

Judge dismisses bid to suspend attorneys over R23 million dispute, citing unfair investigation

July 22, 2026

Labour Court stops municipal disciplinary hearing over AI citation concerns

July 22, 2026

Wedding rehearsal or workplace protest? Judge rules in favour of singing mineworkers

July 21, 2026
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Type above and press Enter to search. Press Esc to cancel.

Powered by
►
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
►
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
►
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
►
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
►
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by