Levin and Another v Levin and Others (644/09) [2011] ZASCA 114 (3 June 2011)

Levin and Another v Levin and Others (644/09) [2011] ZASCA 114 (3 June 2011)

The court found that the evidence of Mr Miller and the two witnesses to the signing of the disputed will established compliance with the formalities required by section 2(1)(a) of the Wills Act. The direct testimony regarding the execution of the will was preferred over the handwriting expert's opinion, especially in light of the deceased's improved vision following a cataract operation. The court rejected the credibility of the appellants' witnesses and found no reason to doubt the respondents' account. The disputed will was held to be valid, and the appeal was dismissed. The court further held that the costs of the litigation should not be paid from the estate, as the appellants'...

Citation
[2011] ZASCA 114
Parties
Appellant: Larry Ivan Levin; Appellant: Stephanie Levenberg; Respondent: Freida Levin; Respondent: Norman Miller; Respondent: Raymond Ziegler; Respondent: Lynne Ziegler; Respondent: Leonard Steingo; Respondent: Ernest Bress; Respondent: Wendy Wood; Respondent: Anna Bersano; Respondent: Philip Riasun; Respondent: Monique Wortelboer; Respondent: Madeleine Wortelboer; Respondent: Master of the High Court; Respondent: Lewis Ziegler
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
3 June 2011
Case Number
644/09
Procedural Posture
Civil Appeal / Appeal From South Gauteng High Court (johannesburg)
Outcome
Appeal dismissed with costs, including the costs of two counsel.
Judges
Harms, Nugent, Maya, Malan, Plasket
Legal Topics
Validity of Wills, Wills Act Formalities, Testamentary Capacity, Forgery Allegation
Family and Children Civil Procedure Validity of Wills Wills Act Formalities Testamentary Capacity Forgery Allegation

Case Brief

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Parties

Larry Ivan Levin

Appellant

Stephanie Levenberg

Appellant

Freida Levin

Respondent

Norman Miller

Respondent

Raymond Ziegler

Respondent

Lynne Ziegler

Respondent

Leonard Steingo

Respondent

Ernest Bress

Respondent

Wendy Wood

Respondent

Anna Bersano

Respondent

Philip Riasun

Respondent

Monique Wortelboer

Respondent

Madeleine Wortelboer

Respondent

Master of the High Court

Respondent

Lewis Ziegler

Respondent

Procedural Posture

Civil Appeal / Appeal From South Gauteng High Court (johannesburg)

Legal Issues

  1. 1 Whether the disputed will executed on 4 August 2002 by the deceased complied with the formalities required by section 2(1)(a) of the Wills Act 7 of 1953.
  2. 2 Whether the signature on the disputed will was that of the deceased.
  3. 3 Whether the signature was affixed in the presence of two competent witnesses as required by law.

Ratio Decidendi

The court found that the evidence of Mr Miller and the two witnesses to the signing of the disputed will established compliance with the formalities required by section 2(1)(a) of the Wills Act. The direct testimony regarding the execution of the will was preferred over the handwriting expert's opinion, especially in light of the deceased's improved vision following a cataract operation. The court rejected the credibility of the appellants' witnesses and found no reason to doubt the respondents' account. The disputed will was held to be valid, and the appeal was dismissed. The court further held that the costs of the litigation should not be paid from the estate, as the appellants'...

Court Disposition

Appeal dismissed with costs, including the costs of two counsel.

Orders

  • The appeal is dismissed with costs including the costs of two counsel.