The founder of the trust was Mr. Victor Petrus Johannes Potgieter who passed away at the age of 49 on 28 April 2008 (the deceased). The two appellants, Mr. Jan Wilhelmus Potgieter and Mrs. Magdell Woodward were the only children of the deceased. The first and second respondents were Mrs. Anna-Marie Juliana Potgieter, who married the deceased after his divorce from the mother of the appellants, Mr. Theron Wessels was the deceased’s attorney. The third respondent was Mrs. Potgieter in her personal capacity. The fourth and fifth respondents were Mr. Jandre Venter and Mr. Ruan Venter, the two sons of Mrs. Potgieter from her previous marriage, while the seventh respondent was Wessels in his personal capacity.
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