Mitchell NO v Wren and Others (153/2015) [2016] ZASCA 50 (1 April 2016)

Mitchell NO v Wren and Others (153/2015) [2016] ZASCA 50 (1 April 2016)

The court found that the deceased intended both handwritten notes as amendments to her existing will, with annexure A written last and thus constituting a valid codicil. The surrounding circumstances, including the deceased's relationships, her previous will, and the content and formality of the notes, indicated that she wished to provide equal bequests to both respondents. The court rejected the appellant's argument that the notes were irreconcilable, holding that the additional bequest in annexure A did not invalidate the codicil but reflected the deceased's final wishes. The requirements of section 2(3) of the Wills Act were satisfied, and the appeal was dismissed.

Citation
[2016] ZASCA 50
Parties
Appellant: Ian David Mitchell NO; Respondent: Sandra Jane Wren; Respondent: Yolandi Mynhardt; Respondent: The Master of the Eastern Cape
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
1 April 2016
Case Number
153/2015
Procedural Posture
Civil Appeal / Appeal From Eastern Cape Local Division of the High Court, Port Elizabeth
Outcome
Appeal dismissed.
Judges
Leach, Seriti, Petse, Mbha, Kathree-Setiloane
Legal Topics
Wills Act, Codicil, Testamentary Intent, Succession, Formalities of Wills
Family and Children Land and Property Wills Act Codicil Testamentary Intent Succession Formalities of Wills

Case Brief

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Parties

Ian David Mitchell NO

Appellant

Sandra Jane Wren

Respondent

Yolandi Mynhardt

Respondent

The Master of the Eastern Cape

Respondent

Procedural Posture

Civil Appeal / Appeal From Eastern Cape Local Division of the High Court, Port Elizabeth

Legal Issues

  1. 1 Whether two handwritten notes by the deceased constitute valid amendments (codicils) to her existing will.
  2. 2 Whether the notes are compatible or irreconcilable, and which was written last.
  3. 3 Whether the requirements of section 2(3) of the Wills Act 7 of 1953 are satisfied.

Ratio Decidendi

The court found that the deceased intended both handwritten notes as amendments to her existing will, with annexure A written last and thus constituting a valid codicil. The surrounding circumstances, including the deceased's relationships, her previous will, and the content and formality of the notes, indicated that she wished to provide equal bequests to both respondents. The court rejected the appellant's argument that the notes were irreconcilable, holding that the additional bequest in annexure A did not invalidate the codicil but reflected the deceased's final wishes. The requirements of section 2(3) of the Wills Act were satisfied, and the appeal was dismissed.

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.
  • The costs of the appeal on the scale as between attorney and client, including the costs of two counsel where employed, are to be paid out of the estate of the deceased Carolynn Ellen De Villiers.