Froud NO v Lewitt and Others (18987/2005) [2009] ZAGPPHC 272 (22 September 2009)

Froud NO v Lewitt and Others (18987/2005) [2009] ZAGPPHC 272 (22 September 2009)

The court found, on the balance of probabilities, that the signature on the purported will was simulated and not that of the deceased. The expert handwriting evidence was unchallenged and supported the plaintiff's claim of forgery. The will did not comply with the formalities required by the Wills Act, as it was not signed in the presence of two witnesses and the attestation clause was false. The court held that, since authenticity was not established, the requirements of section 2(3) of the Wills Act could not be condoned. Accordingly, the purported will was declared invalid.

Citation
[2009] ZAGPPHC 272
Parties
Plaintiff: Linda Natalie Froud N.O.; Defendant: Marc Brandon Lewitt; Defendant: Lloyd Bradley Froud; Defendant: Master of the High Court
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 September 2009
Case Number
18987/2005
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiff's claim granted; first defendant's counterclaim dismissed.
Judges
Raulinga
Legal Topics
Wills Act Formalities, Forgery of Signature, Testamentary Intention
Family and Children Land and Property Wills Act Formalities Forgery of Signature Testamentary Intention

Case Brief

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Parties

Linda Natalie Froud N.O.

Plaintiff

Marc Brandon Lewitt

Defendant

Lloyd Bradley Froud

Defendant

Master of the High Court

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the signature on the purported will of the deceased is a forgery.
  2. 2 Whether the will complies with the formalities required by section 2(1)(a)(ii) and (iii) of the Wills Act, 7 of 1953.
  3. 3 Whether the document can be declared the will of the testatrix under section 2(3) of the Wills Act.

Ratio Decidendi

The court found, on the balance of probabilities, that the signature on the purported will was simulated and not that of the deceased. The expert handwriting evidence was unchallenged and supported the plaintiff's claim of forgery. The will did not comply with the formalities required by the Wills Act, as it was not signed in the presence of two witnesses and the attestation clause was false. The court held that, since authenticity was not established, the requirements of section 2(3) of the Wills Act could not be condoned. Accordingly, the purported will was declared invalid.

Court Disposition

Plaintiff's claim granted; first defendant's counterclaim dismissed.

Orders

  • The plaintiff’s claim is granted with costs.
  • The first defendant’s counterclaim is dismissed.