Gouws v Hamman and Others (3871/2017) [2022] ZAFSHC 163 (27 June 2022)

Gouws v Hamman and Others (3871/2017) [2022] ZAFSHC 163 (27 June 2022)

The court found that the applicant failed to demonstrate reasonable prospects of success for the appeal. The medical evidence, particularly the uncontested testimony of Dr Bester, established that Mrs Gouws was suffering from advanced dementia and was heavily medicated at the time of signing the disputed will, rendering her incapable of understanding the nature and effect of her actions. The applicant did not present any expert evidence to challenge this conclusion. The court held that neither the grounds of appeal nor the written arguments raised any new issues that had not already been adequately addressed in the main judgment. Accordingly, the stringent threshold for leave to appeal...

Citation
[2022] ZAFSHC 163
Parties
Applicant: Charlotte Matty Gouws; Respondent: Andre Hamman; Respondent: Marry Gertrude Hamman; Respondent: The Master of the Free State; Respondent: Eric Stephen du Preez NO; Respondent: Salome Leonara Lamprecht; Respondent: Mathilda du Preez; Respondent: Melanie Jonker
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
27 June 2022
Case Number
3871/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Declaring Will Invalid
Outcome
Application for leave to appeal dismissed with costs.
Judges
NS Daniso
Legal Topics
Testamentary Capacity, Leave to Appeal Threshold, Costs Order
Civil Procedure Family and Children Testamentary Capacity Leave to Appeal Threshold Costs Order

Case Brief

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Parties

Charlotte Matty Gouws

Applicant

Andre Hamman

Respondent

Marry Gertrude Hamman

Respondent

The Master of the Free State

Respondent

Eric Stephen du Preez NO

Respondent

Salome Leonara Lamprecht

Respondent

Mathilda du Preez

Respondent

Melanie Jonker

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Declaring Will Invalid

Legal Issues

  1. 1 Whether the applicant has demonstrated reasonable prospects of success for leave to appeal against the judgment declaring the will invalid.
  2. 2 Whether there is any compelling reason for the appeal to be heard despite the absence of prospects of success.
  3. 3 Whether the applicant should bear the costs of the application for leave to appeal.

Ratio Decidendi

The court found that the applicant failed to demonstrate reasonable prospects of success for the appeal. The medical evidence, particularly the uncontested testimony of Dr Bester, established that Mrs Gouws was suffering from advanced dementia and was heavily medicated at the time of signing the disputed will, rendering her incapable of understanding the nature and effect of her actions. The applicant did not present any expert evidence to challenge this conclusion. The court held that neither the grounds of appeal nor the written arguments raised any new issues that had not already been adequately addressed in the main judgment. Accordingly, the stringent threshold for leave to appeal...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant shall pay the costs of the application.