Hassan and Others v Mentor NO and Another (22960/2011) [2012] ZAGPPHC 74 (24 April 2012)

Hassan and Others v Mentor NO and Another (22960/2011) [2012] ZAGPPHC 74 (24 April 2012)

The court found that the applicants had provided overwhelming evidence that the deceased intended the contested document to be his Last Will and Testament. The document, although a copy, bore the deceased's signature and was prepared by his attorneys in accordance with his instructions. Multiple affidavits corroborated the deceased's intention to divide his estate equally between his two children from his first marriage, with separate provision for the minor child of the second marriage. The respondent failed to produce any direct contradictory evidence or factual allegations to challenge the authenticity or intention behind the document. The court was satisfied that the requirements of...

Citation
[2012] ZAGPPHC 74
Parties
Applicant: Astrid Hassan; Applicant: Bjorn Michelsen; Applicant: Astrid Hassan N.O.; Respondent: Analise Gloria Mentor N.O.; Respondent: The Master of the North Gauteng High Court
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 April 2012
Case Number
22960/2011
Procedural Posture
Declaratory Application / First Instance
Outcome
Application granted. The document attached as Annexure 'I' is declared to be the Last Will and Testament of the late Hans-Peter Michelsen. Costs to be costs in the winding-up of the estate.
Judges
N Davis
Legal Topics
Wills Act Section 2 3, Validity of Will, Estate Devolution, Maintenance of Minor Child
Civil Procedure Family and Children Wills Act Section 2 3 Validity of Will Estate Devolution Maintenance of Minor Child

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Parties

Astrid Hassan

Applicant

Bjorn Michelsen

Applicant

Astrid Hassan N.O.

Applicant

Analise Gloria Mentor N.O.

Respondent

The Master of the North Gauteng High Court

Respondent

Procedural Posture

Declaratory Application / First Instance

Legal Issues

  1. 1 Whether the copy of the document attached as Annexure 'I' constitutes the valid Last Will and Testament of the late Hans-Peter Michelsen.
  2. 2 Whether the estate of the deceased should devolve in terms of the contested will under section 2(3) of the Wills Act.
  3. 3 Whether the minor child from the second marriage is excluded from inheritance under the will.

Ratio Decidendi

The court found that the applicants had provided overwhelming evidence that the deceased intended the contested document to be his Last Will and Testament. The document, although a copy, bore the deceased's signature and was prepared by his attorneys in accordance with his instructions. Multiple affidavits corroborated the deceased's intention to divide his estate equally between his two children from his first marriage, with separate provision for the minor child of the second marriage. The respondent failed to produce any direct contradictory evidence or factual allegations to challenge the authenticity or intention behind the document. The court was satisfied that the requirements of...

Court Disposition

Application granted. The document attached as Annexure 'I' is declared to be the Last Will and Testament of the late Hans-Peter Michelsen. Costs to be costs in the winding-up of the estate.

Orders

  • It is declared that the document attached to the First Applicant's founding affidavit as Annexure 'I' is the Last Will and Testament of the late Hans-Peter Michelsen and the devolution of his estate shall take place in terms thereof.
  • The costs of this application shall be costs in the winding-up of the estate of the late Hans-Peter Michelsen.