Marshall v Baker NO and Others (9510/2019) [2020] ZAWCHC 13; 2020 (3) SA 463 (WCC) (25 February 2020)

Marshall v Baker NO and Others (9510/2019) [2020] ZAWCHC 13; 2020 (3) SA 463 (WCC) (25 February 2020)

The court found that the deceased, an educated and meticulous planner, was fully aware of the legal requirements for a valid will, having previously executed wills in compliance with those requirements. The 2018 document, although handwritten and signed by the deceased, was not witnessed and was sent to Chris Baker, an attorney, for advice and further finalisation. The WhatsApp exchange indicated that the deceased regarded the document as preliminary thoughts regarding an updated will, not as his final testamentary instruction. The absence of a nominated executor and the failure to deal with all assets further supported the conclusion that the document was not intended to be his will. The...

Citation
[2020] ZAWCHC 13
Parties
Applicant: Mary Gwenyth Marshall; Respondent: Lauren Mairi Baker N.O.; Respondent: Lauren Mairi Baker; Respondent: Master of the High Court, Western Cape; Respondent: Registrar of Deeds, Cape Town; Respondent: Registrar of Deeds, King Williams Town; Respondent: Pagdens Incorporated; Respondent: Friedman Scheckter Attorneys; Respondent: Christopher Richard Baker; Respondent: Keith Stone Cattell; Respondent: Lizelle Baker; Respondent: Adelaide Zanana Qokoqa
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
25 February 2020
Case Number
9510/2019
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
J I Cloete
Legal Topics
Wills Act Section 2 3, Testamentary Intention, Revocation of Will, Formalities of Wills
Civil Procedure Family and Children Wills Act Section 2 3 Testamentary Intention Revocation of Will Formalities of Wills

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 16 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Mary Gwenyth Marshall

Applicant

Lauren Mairi Baker N.O.

Respondent

Lauren Mairi Baker

Respondent

Master of the High Court, Western Cape

Respondent

Registrar of Deeds, Cape Town

Respondent

Registrar of Deeds, King Williams Town

Respondent

Pagdens Incorporated

Respondent

Friedman Scheckter Attorneys

Respondent

Christopher Richard Baker

Respondent

Keith Stone Cattell

Respondent

Lizelle Baker

Respondent

Adelaide Zanana Qokoqa

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the handwritten 2018 document executed by the deceased was intended to be his last will and testament as contemplated in section 2(3) of the Wills Act.
  2. 2 Whether the 2018 document revoked the 2011 will in its entirety under section 2A(c) of the Wills Act.
  3. 3 Whether the Master of the High Court erred in rejecting the 2018 document and accepting the 2011 will.

Ratio Decidendi

The court found that the deceased, an educated and meticulous planner, was fully aware of the legal requirements for a valid will, having previously executed wills in compliance with those requirements. The 2018 document, although handwritten and signed by the deceased, was not witnessed and was sent to Chris Baker, an attorney, for advice and further finalisation. The WhatsApp exchange indicated that the deceased regarded the document as preliminary thoughts regarding an updated will, not as his final testamentary instruction. The absence of a nominated executor and the failure to deal with all assets further supported the conclusion that the document was not intended to be his will. The...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed and the interim interdict granted by agreement between the parties on 2 July 2019 is discharged.
  • The applicant shall bear the costs of both the application and the conditional counter-application on the scale as between party and party as taxed or agreed, as well as any reserved costs orders.