Jeffery and Others v Glur (20669/02) [2003] ZAGPHC 11 (9 October 2003)

Jeffery and Others v Glur (20669/02) [2003] ZAGPHC 11 (9 October 2003)

The court found that the omission of the words "children, grandchildren" in clause 6 of the will was a clerical error and did not reflect the testator's true intention. The evidence established that the testator intended to absolve both the first respondent and the five applicants from repaying the loans upon his death. The respondent failed to prove that the testator was not competent to make the will or that undue influence was exerted. The court held that it was competent to rectify the will to reflect the testator's intention and granted the relief sought by the applicants.

Citation
[2003] ZAGPHC 11
Parties
Applicant: Julia Margaret Jeffery & Others; Respondent: Christopher Roberts Glur & Others
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
9 October 2003
Case Number
20669/02
Procedural Posture
Urgent Application / Application for Rectification of Will
Outcome
Application granted. The will is rectified as sought by the applicants.
Judges
Willis
Legal Topics
Rectification of Wills, Testamentary Intention, Competency to Make Will, Undue Influence
Family and Children Civil Procedure Rectification of Wills Testamentary Intention Competency to Make Will Undue Influence

Case Brief

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Parties

Julia Margaret Jeffery & Others

Applicant

Christopher Roberts Glur & Others

Respondent

Procedural Posture

Urgent Application / Application for Rectification of Will

Legal Issues

  1. 1 Whether the will of the late Otto Caesar Glur should be rectified to reflect his true intention regarding the release of loans to heirs, children, and grandchildren.
  2. 2 Whether the omission of the words "children, grandchildren" in clause 6 of the will was a mistake warranting rectification.
  3. 3 Whether the testator was competent to make the will and whether undue influence was exerted.

Ratio Decidendi

The court found that the omission of the words "children, grandchildren" in clause 6 of the will was a clerical error and did not reflect the testator's true intention. The evidence established that the testator intended to absolve both the first respondent and the five applicants from repaying the loans upon his death. The respondent failed to prove that the testator was not competent to make the will or that undue influence was exerted. The court held that it was competent to rectify the will to reflect the testator's intention and granted the relief sought by the applicants.

Court Disposition

Application granted. The will is rectified as sought by the applicants.

Orders

  • The will dated 24 June 1999 of the late Otto Caesar Glur is rectified by correcting the spelling of the surname "Gllur" to "Glur" in the heading.
  • The spelling error in clause 3.1 of the will is corrected by replacing "bequeth" with "bequeath".