F.Z.M v S.M and Others (2995/2024) [2024] ZAFSHC 343 (31 October 2024)

F.Z.M v S.M and Others (2995/2024) [2024] ZAFSHC 343 (31 October 2024)

The court found that the applicant had succeeded in proving, on a balance of probabilities, that the document marked 'H' was drafted and executed by the deceased with the intention that it be his last will and testament. The applicant's version was corroborated by witnesses, and there was no factual basis to reject her account. The court held that the deceased's recent cancer diagnosis did not affect his mental capacity to execute the will. The objections raised by the first respondent regarding the improbability of the deceased's intentions and the professional drafting of the will were not supported by evidence. The court concluded that the requirements of s 2(3) of the Wills Act were...

Citation
[2024] ZAFSHC 343
Parties
Applicant: F[...] Z[...] M[...]; Respondent: S[...] M[...]; Respondent: T[...] E[...] obo N[...] O[...] U[...] MA[...]; Respondent: ADV CHRISTOFFEL JACOBUS HENDRIKS N.O. obo L[...] M[...] M[...]; Respondent: MASTER OF THE HIGH COURT, FREE STATE DIVISION
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
31 October 2024
Case Number
2995/2024
Procedural Posture
Urgent Application / Application for Acceptance of Will Under S 2(3) of the Wills Act
Outcome
Application granted. The Master is ordered to accept the document marked 'H' as the last will of the deceased. Each party to pay its own costs.
Judges
J J F Hefer
Legal Topics
Wills Act Section 2 3, Validity of Will, Testamentary Intention, Mental Capacity, Intestate Succession
Civil Procedure Family and Children Wills Act Section 2 3 Validity of Will Testamentary Intention Mental Capacity Intestate Succession

Case Brief

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Parties

F[...] Z[...] M[...]

Applicant

S[...] M[...]

Respondent

T[...] E[...] obo N[...] O[...] U[...] MA[...]

Respondent

ADV CHRISTOFFEL JACOBUS HENDRIKS N.O. obo L[...] M[...] M[...]

Respondent

MASTER OF THE HIGH COURT, FREE STATE DIVISION

Respondent

Procedural Posture

Urgent Application / Application for Acceptance of Will Under S 2(3) of the Wills Act

Legal Issues

  1. 1 Whether the document marked 'H' annexed to the founding affidavit qualifies as the last will of the deceased under s 2(3) of the Wills Act.
  2. 2 Whether the deceased intended the document to be his will and executed it in accordance with his testamentary wishes.
  3. 3 Whether the deceased had the mental capacity to execute the will at the relevant time.

Ratio Decidendi

The court found that the applicant had succeeded in proving, on a balance of probabilities, that the document marked 'H' was drafted and executed by the deceased with the intention that it be his last will and testament. The applicant's version was corroborated by witnesses, and there was no factual basis to reject her account. The court held that the deceased's recent cancer diagnosis did not affect his mental capacity to execute the will. The objections raised by the first respondent regarding the improbability of the deceased's intentions and the professional drafting of the will were not supported by evidence. The court concluded that the requirements of s 2(3) of the Wills Act were...

Court Disposition

Application granted. The Master is ordered to accept the document marked 'H' as the last will of the deceased. Each party to pay its own costs.

Orders

  • The Master of the High Court, Free State, Bloemfontein, is ordered to accept the document marked 'H' annexed to the founding affidavit of the applicant as the last will of M[...] J[...] M[...].
  • Each party is to pay its own costs.