Assumption and Another v Reid and Others (3328/2015) [2017] ZAECPEHC 21 (22 February 2017)

Assumption and Another v Reid and Others (3328/2015) [2017] ZAECPEHC 21 (22 February 2017)

The court found that the evidence overwhelmingly demonstrated that the deceased suffered from advanced dementia by December 2008 and was mentally incapable of appreciating the nature and effect of signing the second will in February 2009. Expert affidavits from a medical practitioner and a psychiatric nurse, corroborated by other witnesses, established the deceased's lack of testamentary capacity. The applicants failed to provide cogent evidence to the contrary, and their reliance on a photograph from 2007 was unpersuasive. The absence of supporting affidavits from the alleged attorney involved in the second will further undermined their case. The late submission of the second will and...

Citation
[2017] ZAECPEHC 21
Parties
Applicant: Candice Gay Assumption; Applicant: Lillian Joan Primo; Respondent: Cheryl-Ann Reid; Respondent: The Master of the High Court; Respondent: The Registrar of Deeds
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
22 February 2017
Case Number
3328/2015
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs; the first will remains valid and the property transfer to the first respondent is lawful.
Judges
E Revelas, J M Roberson
Legal Topics
Wills Act Compliance, Testamentary Capacity, Revocation of Will, Transfer of Property
Civil Procedure Land and Property Wills Act Compliance Testamentary Capacity Revocation of Will Transfer of Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Candice Gay Assumption

Applicant

Lillian Joan Primo

Applicant

Cheryl-Ann Reid

Respondent

The Master of the High Court

Respondent

The Registrar of Deeds

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the second will signed by the deceased in 2009 is valid under section 4 of the Wills Act.
  2. 2 Whether the deceased had the mental capacity to execute the second will.
  3. 3 Whether the first will was lawfully revoked by the second will.

Ratio Decidendi

The court found that the evidence overwhelmingly demonstrated that the deceased suffered from advanced dementia by December 2008 and was mentally incapable of appreciating the nature and effect of signing the second will in February 2009. Expert affidavits from a medical practitioner and a psychiatric nurse, corroborated by other witnesses, established the deceased's lack of testamentary capacity. The applicants failed to provide cogent evidence to the contrary, and their reliance on a photograph from 2007 was unpersuasive. The absence of supporting affidavits from the alleged attorney involved in the second will further undermined their case. The late submission of the second will and...

Court Disposition

Application dismissed with costs; the first will remains valid and the property transfer to the first respondent is lawful.

Orders

  • The application is dismissed with costs.
  • A copy of this order may be served on the Master by the first respondent by way of hand delivery.