Amor tack­ling Joost’s will

Es­tranged wife of late rugby leg­end fights an ap­pli­ca­tion by his brother to dis­in­herit her.

The Citizen (KZN) - - FRONT PAGE - Ilse de Lange ils­edl@cit­i­zen.co.za

Rugby star’s es­tranged wife de­nies she is de­lib­er­ately try­ing to de­lay case.

Amor Vit­tone, the es­tranged wife of the late rugby leg­end Joost van der Westhuizen, plans on fight­ing an ap­pli­ca­tion by Joost’s brother and for­mer at­tor­ney to dis­in­herit her, but de­nied that she was be­ing ma­li­cious or de­lib­er­ately at­tempt­ing to de­lay the out­come of the court case.

An ap­pli­ca­tion by Joost’s brother, Pi­eter, and for­mer at­tor­ney Fer­di­nand Hartzen­berg to de­clare Joost’s will of Septem­ber 2, 2015, to be his valid will re­flect­ing his last wishes was this week post­poned in­def­i­nitely in the High Court in Pre­to­ria.

This was for Vit­tone to ap­ply for the court’s con­do­na­tion for the late fil­ing of her op­pos­ing af­fi­davit.

She must also pay the wasted le­gal costs of the ap­pli­ca­tion.

Her at­tor­ney said in a let­ter that Vit­tone strongly de­nied that she was be­ing ma­li­cious or was de­lib­er­ately try­ing to de­lay the case as it would be in the best in­ter­est of her chil­dren to have fi­nal­ity in the mat­ter.

Joost’s brother and at­tor­ney want the court to de­clare his 2015 will valid and to in­struct the Mas­ter of the High Court to ac­cept it and ap­point Pi­eter as the ex­ecu­tor of the es­tate.

In terms of the will, Vit­tone only in­her­its a tele­vi­sion set, while the bulk of Joost’s es­tate is left in trust to his chil­dren, Jordan, 13, and Kylie, 11. The will also makes it clear that Vit­tone may not get any di­rect ben­e­fit from the trust and that Joost wanted his chil­dren to main­tain a good re­la­tion­ship with his par­ents and broth­ers.

Hartzen­berg, who was also a com­mis­sioner of oaths, signed the 2015 will on Joost’s be­half, be­cause the le­gendary rugby player was by then al­ready too weak from mo­tor neu­ron dis­ease to sign it him­self.

The will was re­jected be­cause Joost did not sign it and it did not fully com­ply with the for­mal­i­ties re­quired by the Wills Act. This left a joint will drawn up by Joost and Vit­tone in 2009, in terms of which she was the main ben­e­fi­ciary, as the only valid will.

The cou­ple split up in 2010, but their di­vorce pro­ceed­ings were not fi­nalised by the time of Joost’s death in Fe­bru­ary this year –

BACK THEN. Joost van der Westhuizen and Amor Vit­tone hap­pily mar­ried in 2005.

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