Hamman and Another v Master of the High Court and Others (3871/2017) [2022] ZAFSHC 74 (21 January 2022)

Hamman and Another v Master of the High Court and Others (3871/2017) [2022] ZAFSHC 74 (21 January 2022)

The court found that the plaintiffs had discharged the onus of proving, on a balance of probabilities, that the deceased was mentally incapable of appreciating the nature and effect of her actions when she signed the second will. The medical evidence provided by Dr Bester, who examined the deceased shortly before the execution of the second will and had diagnosed her with dementia, was accepted as credible and uncontroverted. The court rejected the defendants' evidence as insufficient to establish testamentary capacity, noting that mere consciousness and ability to respond do not equate to soundness of mind. The court further found that the deceased was unable to read the will herself due...

Citation
[2022] ZAFSHC 74
Parties
Plaintiff: Andre Hamman; Plaintiff: Marry Gertrude Hamman; Defendant: The Master of the High Court; Defendant: Eric Stephen du Preez NO; Defendant: Charlotte Matty Gouws; Defendant: Salome Leonara Lamprecht; Defendant: Mathilda du Preez; Defendant: Melanie Jonker
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
21 January 2022
Case Number
3871/2017
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiffs succeed; second will declared invalid, first will declared valid, costs awarded against defendants.
Judges
Daniso
Legal Topics
Testamentary Capacity, Wills Act, Burden of Proof, Invalidity of Will
Land and Property Civil Procedure Testamentary Capacity Wills Act Burden of Proof Invalidity of Will

Case Brief

Summary, issues, holding and outcome

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Parties

Andre Hamman

Plaintiff

Marry Gertrude Hamman

Plaintiff

The Master of the High Court

Defendant

Eric Stephen du Preez NO

Defendant

Charlotte Matty Gouws

Defendant

Salome Leonara Lamprecht

Defendant

Mathilda du Preez

Defendant

Melanie Jonker

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the deceased was mentally competent to execute the second will dated 6 January 2017.
  2. 2 Whether the second will is valid or invalid due to the deceased's alleged dementia.
  3. 3 Whether the first will dated 22 October 2015 should be accepted as the Last Will and Testament of the deceased.

Ratio Decidendi

The court found that the plaintiffs had discharged the onus of proving, on a balance of probabilities, that the deceased was mentally incapable of appreciating the nature and effect of her actions when she signed the second will. The medical evidence provided by Dr Bester, who examined the deceased shortly before the execution of the second will and had diagnosed her with dementia, was accepted as credible and uncontroverted. The court rejected the defendants' evidence as insufficient to establish testamentary capacity, noting that mere consciousness and ability to respond do not equate to soundness of mind. The court further found that the deceased was unable to read the will herself due...

Court Disposition

Plaintiffs succeed; second will declared invalid, first will declared valid, costs awarded against defendants.

Orders

  • The will signed by the deceased on 06 January 2017 is invalid.
  • The will signed by the deceased on 22 October 2015 is declared valid.