Lenyai and Another v Rooth and Wessels Inc and Others (84265/2014) [2015] ZAGPPHC 123 (3 March 2015)

Lenyai and Another v Rooth and Wessels Inc and Others (84265/2014) [2015] ZAGPPHC 123 (3 March 2015)

The court found that the will dated 29 August 2008 was invalid as the testator, Jacob Koos Pali Motubatse, was not of sound mind at the time of its execution, as evidenced by the medical affidavit of Dr JF Benson. The absence of opposition and the confirmatory evidence regarding the testator's mental incapacity led the court to set aside the 2008 will and declare the 1987 will as the last valid testament. The letters of executorship issued pursuant to the invalid will were ordered to be withdrawn and cancelled. Costs were ordered to be paid from the estate.

Citation
[2015] ZAGPPHC 123
Parties
Applicant: Onkgopotse Lenyai; Applicant: Keitumetse Tokologo Motsepe; Respondent: Rooth and Wessels Inc; Respondent: Master of the High Court, Pretoria; Respondent: Paul Vranas; Respondent: Corine Vranas; Respondent: Mamogolo Matubatse; Respondent: Rosina Motubatse; Respondent: Thanalei Lenemakula; Respondent: First National Bank
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 March 2015
Case Number
84265/2014
Procedural Posture
Urgent Application / Application for Declaratory and Setting Aside of Will
Outcome
Application granted; 2008 will set aside; 1987 will declared valid; letters of executorship cancelled; costs from estate.
Judges
G. Webster
Legal Topics
Validity of Wills, Testamentary Capacity, Letters of Executorship, Fraudulent Will
Civil Procedure Family and Children Validity of Wills Testamentary Capacity Letters of Executorship Fraudulent Will

Case Brief

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Parties

Onkgopotse Lenyai

Applicant

Keitumetse Tokologo Motsepe

Applicant

Rooth and Wessels Inc

Respondent

Master of the High Court, Pretoria

Respondent

Paul Vranas

Respondent

Corine Vranas

Respondent

Mamogolo Matubatse

Respondent

Rosina Motubatse

Respondent

Thanalei Lenemakula

Respondent

First National Bank

Respondent

Procedural Posture

Urgent Application / Application for Declaratory and Setting Aside of Will

Legal Issues

  1. 1 Whether the will dated 29 August 2008 is valid and enforceable.
  2. 2 Whether the testator had testamentary capacity at the time of signing the 2008 will.
  3. 3 Whether the letters of executorship issued pursuant to the 2008 will should be withdrawn and cancelled.

Ratio Decidendi

The court found that the will dated 29 August 2008 was invalid as the testator, Jacob Koos Pali Motubatse, was not of sound mind at the time of its execution, as evidenced by the medical affidavit of Dr JF Benson. The absence of opposition and the confirmatory evidence regarding the testator's mental incapacity led the court to set aside the 2008 will and declare the 1987 will as the last valid testament. The letters of executorship issued pursuant to the invalid will were ordered to be withdrawn and cancelled. Costs were ordered to be paid from the estate.

Court Disposition

Application granted; 2008 will set aside; 1987 will declared valid; letters of executorship cancelled; costs from estate.

Orders

  • The will of the late Jacob Koos Pali Motubatse dated 29 August 2008 is set aside and declared null and void.
  • The Second Respondent is directed to withdraw and cancel all Letters of Executorship issued pursuant to the 2008 will.