Erasmus and Others v Master of the High Court, Bloemfontein and Others (3255/2022) [2023] ZAFSHC 166 (26 April 2023)

Erasmus and Others v Master of the High Court, Bloemfontein and Others (3255/2022) [2023] ZAFSHC 166 (26 April 2023)

The court found that the 2021 will was drafted and signed by the deceased, as confirmed by expert evidence and the respondents' concession. The document, though non-compliant with the formal requirements of the Wills Act, clearly expressed the deceased's intention for it to be his last and only testament, as evidenced by its wording and the specific bequests. The court held that the jurisdictional requirements of section 2(3) of the Wills Act were met, and thus it was compelled to order the Master to accept the 2021 will as the deceased's last will and testament. The points in limine regarding joinder and interest of other parties were dismissed as unfounded.

Citation
[2023] ZAFSHC 166
Parties
Applicant: Rikus Erasmus; Applicant: Soniek Erasmus; Applicant: Chantelle Manthey Cilliers; Applicant: Sophia Anna Magrietha Viljoen; Applicant: Rikus Erasmus N.O.; Applicant: Elsabe Cilliers; Respondent: The Master of the High Court, Bloemfontein; Respondent: Christina Maria Erasmus; Respondent: Petrus Jacobus Erasmus; Respondent: Nina Britz; Respondent: Superior Quality Trading 528 BK; Respondent: Etienne Stone
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
26 April 2023
Case Number
3255/2022
Procedural Posture
Review Application / Judgment
Outcome
Application granted in part; the Master is ordered to accept the 2021 will as the deceased's last will and testament. Prayers 2 and 3 are dismissed. Costs to be paid by the estate.
Judges
NG Gusha
Legal Topics
Wills Act Formalities, Testamentary Intention, Joinder of Parties, Administration of Estates
Civil Procedure Family and Children Wills Act Formalities Testamentary Intention Joinder of Parties Administration of Estates

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Parties

Rikus Erasmus

Applicant

Soniek Erasmus

Applicant

Chantelle Manthey Cilliers

Applicant

Sophia Anna Magrietha Viljoen

Applicant

Rikus Erasmus N.O.

Applicant

Elsabe Cilliers

Applicant

The Master of the High Court, Bloemfontein

Respondent

Christina Maria Erasmus

Respondent

Petrus Jacobus Erasmus

Respondent

Nina Britz

Respondent

Superior Quality Trading 528 BK

Respondent

Etienne Stone

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the 2021 will executed by the deceased is valid despite non-compliance with formalities under the Wills Act.
  2. 2 Whether the 2021 will reflects the true intention of the deceased and revokes the 2018 will.
  3. 3 Whether all parties with a direct and substantial interest were properly joined in the proceedings.

Ratio Decidendi

The court found that the 2021 will was drafted and signed by the deceased, as confirmed by expert evidence and the respondents' concession. The document, though non-compliant with the formal requirements of the Wills Act, clearly expressed the deceased's intention for it to be his last and only testament, as evidenced by its wording and the specific bequests. The court held that the jurisdictional requirements of section 2(3) of the Wills Act were met, and thus it was compelled to order the Master to accept the 2021 will as the deceased's last will and testament. The points in limine regarding joinder and interest of other parties were dismissed as unfounded.

Court Disposition

Application granted in part; the Master is ordered to accept the 2021 will as the deceased's last will and testament. Prayers 2 and 3 are dismissed. Costs to be paid by the estate.

Orders

  • The Master of the High Court, Bloemfontein is authorized to accept the will executed by Gerhardus Cornelius Erasmus on 18 April 2021 as his last will and testament.
  • Prayers 2 and 3 of the notice of motion are dismissed.