Le Grange v Barkhuizen and Others (2620/2020) [2021] ZAFSHC 12 (4 February 2021)

Le Grange v Barkhuizen and Others (2620/2020) [2021] ZAFSHC 12 (4 February 2021)

The court found that the will executed on 2 April 2018 is the testator's last valid will. The applicant wrote out the will at the testator's insistence, and there was no evidence of undue influence or fraud. All beneficiaries remained the same in both wills, and the benefits did not differ materially. The formalities required for the execution of a will were complied with. The applicant is declared competent to inherit and be appointed as executrix under section 4A(2) of the Wills Act. The counter-application was based on unsustainable evidence and was dismissed with costs.

Citation
[2021] ZAFSHC 12
Parties
Applicant: Erenskia Le Grange; Respondent: Adolf Eugene Barkhuizen; Respondent: Adriaan Barkhuizen; Respondent: William La Grange; Respondent: Megan La Grange; Respondent: Adolf Llewellyn Barkhuizen; Respondent: The Master of the High Court, Free State Division
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
4 February 2021
Case Number
2620/2020
Procedural Posture
Review Application / Judgment
Outcome
Application granted; counter-application dismissed.
Judges
Mathebula
Legal Topics
Wills Act Section 4a, Testamentary Capacity, Undue Influence, Appointment of Executrix
Family and Children Land and Property Wills Act Section 4a Testamentary Capacity Undue Influence Appointment of Executrix

Case Brief

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Parties

Erenskia Le Grange

Applicant

Adolf Eugene Barkhuizen

Respondent

Adriaan Barkhuizen

Respondent

William La Grange

Respondent

Megan La Grange

Respondent

Adolf Llewellyn Barkhuizen

Respondent

The Master of the High Court, Free State Division

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Which of the two wills executed by the testator is his last valid will.
  2. 2 Whether the applicant is competent to inherit and be appointed as executrix under section 4A(2) of the Wills Act 7 of 1953.
  3. 3 Whether there was fraud or undue influence in the execution of the disputed will.

Ratio Decidendi

The court found that the will executed on 2 April 2018 is the testator's last valid will. The applicant wrote out the will at the testator's insistence, and there was no evidence of undue influence or fraud. All beneficiaries remained the same in both wills, and the benefits did not differ materially. The formalities required for the execution of a will were complied with. The applicant is declared competent to inherit and be appointed as executrix under section 4A(2) of the Wills Act. The counter-application was based on unsustainable evidence and was dismissed with costs.

Court Disposition

Application granted; counter-application dismissed.

Orders

  • The Master is directed to accept the will of Adolf Barkhuizen executed on 2 April 2018 at Three Rivers.
  • It is declared that the applicant is a competent person as envisaged in Section 4A of the Wills Act 7 of 1953 to receive the bequests stipulated in the said will and to be appointed as the executrix thereof.