Jagers v Pienaar and Others (4108/2023) [2025] ZAECMKHC 3 (23 January 2025)
The court found that the document signed on 27 July 2020 was drafted and executed by the deceased, and that the deceased intended it to be his Last Will and Testament. The Will identified beneficiaries and an executor, and the deceased's conduct in sealing and entrusting the document for delivery upon death supported testamentary intention. Ambiguities in the document did not detract from the clear decisions made by the deceased. The requirements of section 2(3) of the Wills Act were satisfied, and the court had no discretion but to direct the Master to accept the Will. The application to strike out certain paragraphs of the replying affidavit was granted in part, and the points in limine...
- Citation
- [2025] ZAECMKHC 3
- Parties
- Applicant: Grayson Marcelino Stefino Jagers; Respondent: Irene Mabel Pienaar; Respondent: Irene Mabel Pienaar (Nomine Officio); Respondent: Grayson Delwyn Pienaar; Respondent: T[...] T[...] H[...] (Assisted by her mother Chavrill Hill); Respondent: C[...] P[...] (Assisted by his mother Michaela Prince); Respondent: D[...] T[...] (Assisted by her mother Delishka Taai); Respondent: E[...] A[...] M[...] (Assisted by her mother Aladia Moonie); Respondent: M[...] E[...] (Assisted by his mother Melissa Estree); Respondent: T[...] V[...] (Assisted by her mother Machè Jagers); Respondent: T[...] M[...] (Assisted by her mother Machè Jagers); Respondent: M[...] J[...] (Assisted by her mother Machè Jagers); Respondent: G[...] J[...] (Assisted by his mother Machè Jagers); Respondent: G[...] J[...] (Assisted by her mother Machè Jagers); Respondent: Rhonwyn Ricardo Pienaar; Respondent: K[...] V[...] (Assisted by his mother Brittany van Wyk); Respondent: Trosklynn Bernice Pienaar; Respondent: O[...] B[...] (Assisted by her mother Bulelwa Booi); Respondent: Romeo Oersen; Respondent: D[...] D[...] (Assisted by his mother Monnet van Wyk); Respondent: W[...] S[...] (Assisted by her mother Annelize Smith); Respondent: R[...] S[...] (Assisted by her mother Annelize Smith); Respondent: Clinton Pienaar; Respondent: T[...] W[...] (Assisted by her mother Felicity Weitz); Respondent: C[...] S[...] (Assisted by her mother Tittyana Sauls); Respondent: O[...] P[...] (Assisted by her father Clinton Pienaar); Respondent: L[...] H[...] (Assisted by her father Clinton Pienaar); Respondent: The Master of the High Court, Makhanda
- Court
- Eastern Cape High Court, Makhanda
- Jurisdiction
- South Africa
- Judgment Date
- 23 January 2025
- Case Number
- 4108/2023
- Procedural Posture
- Review Application / Judgment
- Outcome
- Application granted. The Will signed on 27 July 2020 is declared to be the Last Will and Testament of the deceased. The Master is directed to accept the Will, remove the current executrix, and appoint Mr Matthew Yazbek as executor. Costs to be paid by the estate.
- Judges
- D.T. Young, A. Govindjee
- Legal Topics
- Wills Act Section 2 3, Condonation of Formal Defects, Testamentary Intention, Appointment of Executor
Case Brief
Summary, issues, holding and outcome
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Parties
Grayson Marcelino Stefino Jagers
Applicant
Irene Mabel Pienaar
Respondent
Irene Mabel Pienaar (Nomine Officio)
Respondent
Grayson Delwyn Pienaar
Respondent
T[...] T[...] H[...] (Assisted by her mother Chavrill Hill)
Respondent
C[...] P[...] (Assisted by his mother Michaela Prince)
Respondent
D[...] T[...] (Assisted by her mother Delishka Taai)
Respondent
E[...] A[...] M[...] (Assisted by her mother Aladia Moonie)
Respondent
M[...] E[...] (Assisted by his mother Melissa Estree)
Respondent
T[...] V[...] (Assisted by her mother Machè Jagers)
Respondent
T[...] M[...] (Assisted by her mother Machè Jagers)
Respondent
M[...] J[...] (Assisted by her mother Machè Jagers)
Respondent
G[...] J[...] (Assisted by his mother Machè Jagers)
Respondent
G[...] J[...] (Assisted by her mother Machè Jagers)
Respondent
Rhonwyn Ricardo Pienaar
Respondent
K[...] V[...] (Assisted by his mother Brittany van Wyk)
Respondent
Trosklynn Bernice Pienaar
Respondent
O[...] B[...] (Assisted by her mother Bulelwa Booi)
Respondent
Romeo Oersen
Respondent
D[...] D[...] (Assisted by his mother Monnet van Wyk)
Respondent
W[...] S[...] (Assisted by her mother Annelize Smith)
Respondent
R[...] S[...] (Assisted by her mother Annelize Smith)
Respondent
Clinton Pienaar
Respondent
T[...] W[...] (Assisted by her mother Felicity Weitz)
Respondent
C[...] S[...] (Assisted by her mother Tittyana Sauls)
Respondent
O[...] P[...] (Assisted by her father Clinton Pienaar)
Respondent
L[...] H[...] (Assisted by her father Clinton Pienaar)
Respondent
The Master of the High Court, Makhanda
Respondent
Procedural Posture
Review Application / Judgment
Legal Issues
- 1 Whether the document signed on 27 July 2020 constitutes the Last Will and Testament of the deceased.
- 2 Whether the failure to comply with the formalities of section 2(1)(a)(i)-(iv) of the Wills Act can be condoned under section 2(3).
- 3 Whether the deceased intended the document to be his Will.
Ratio Decidendi
The court found that the document signed on 27 July 2020 was drafted and executed by the deceased, and that the deceased intended it to be his Last Will and Testament. The Will identified beneficiaries and an executor, and the deceased's conduct in sealing and entrusting the document for delivery upon death supported testamentary intention. Ambiguities in the document did not detract from the clear decisions made by the deceased. The requirements of section 2(3) of the Wills Act were satisfied, and the court had no discretion but to direct the Master to accept the Will. The application to strike out certain paragraphs of the replying affidavit was granted in part, and the points in limine...
Court Disposition
Application granted. The Will signed on 27 July 2020 is declared to be the Last Will and Testament of the deceased. The Master is directed to accept the Will, remove the current executrix, and appoint Mr Matthew Yazbek as executor. Costs to be paid by the estate.
Orders
- The application to strike out paragraphs 23.3 and 24.2 of the replying affidavit is granted with costs.
- The First Respondent’s points in limine are dismissed.
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