Amor tackling Joost’s will
Estranged wife of late rugby legend fights an application by his brother to disinherit her.
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 –