Pair head to court in battle over Joost’s will
THE late Joost van der Westhuizen’s brother and his former attorney will in December battle it out in court with the Springbok rugby legend’s estranged wife Amor Vittone over his last will and testament.
The will has been a bone of contention since Joost’s death in February. His brother, Pieter van der Westhuizen, and former attorney Ferdinand Hartzenberg, will ask the North Gauteng High Court in Pretoria to declare the will of September 2, 2015, as his valid testament. In terms of this will, Amor, apart from a television set, inherits nothing. Most of Joost’s belongings were bequeathed to his two children – Jordan, 13 and Kylie, 11. A codicil attached to the will specified exactly what had to go to whom, including all the rugby paraphernalia given to Joost over the years.
But the Master of the High Court rejected the 2015 will as Joost did not sign it. It was signed by Hartzenberg as a Commissioner of Oaths. Joost was at that time too weak from motor neurone disease to sign it.
This left the will Joost and Amor had jointly drawn up in 2009 as his valid testament. In terms of that will, Amor, to whom he was still married in community of property at the time of his death, would mostly inherit. But Hartzenberg said Joost’s wishes changed. By 2015 he was adamant Amor should not inherit.
The couple married in 2002 in community of property, but lived apart since 2010. Hartzenberg said when Joost left their home in Dainfern, Johannesburg North, he took only his personal items. Despite divorce proceedings, they never got to finalise it before Joost died.
Hartzenberg said Joost had asked him in 2013 to draw up a new will as he claimed Amor insisted that the entire communal estate be left only to her.
“Joost instructed me to draft a last will and testament with reference to his half share of the joint estate.” Hartzenberg showed Joost the draft document in 2015. Joost was by then unable to sign himself due to his condition. Hartzenberg signed the document as the Commissioner of Oaths. It only later emerged that was not strictly in compliance with the law. But Hartzenberg said Joost was very clear – Amor was not to inherit his portion. Amor has denied she wanted to benefit from Joost’s assets, saying she only had their childrens’ best interests at heart.