Mokgoro and Others v Master of the High Court, Kimberley and Others (09/2025) [2025] ZANCHC 60 (1 August 2025)

Mokgoro and Others v Master of the High Court, Kimberley and Others (09/2025) [2025] ZANCHC 60 (1 August 2025)

The court found that the 2021 will, although executed electronically and not in strict compliance with section 2(1) of the Wills Act, was executed by the deceased in the ordinary sense of the word, as evidenced by her email instructions and the actions of the witnesses. The deceased's intention for the 2021 will to serve as her final will was undisputed and confirmed by both the applicants and the respondent. The court held that ECTA does not preclude the application of section 2(3) of the Wills Act, and that the jurisdictional facts required for relief under section 2(3) were established. The court therefore ordered the Master to accept the 2021 will as the deceased's will. Allegations...

Citation
[2025] ZANCHC 60
Parties
Applicant: Mokgoro, Ithatheng N.O.; Applicant: Mokgoro, Ithatheng; Applicant: Mokgoro, Mpho Joseph; Applicant: Mokgoro, Itumeleng; Applicant: Bobo Radu, Gaobolelwe (born Mokgoro); Applicant: Monyeki, Oratile Naledi; Respondent: The Master of the High Court, Kimberley; Respondent: Mmelesi, Goalatlhwe David; Respondent: Capital Legacy Fiduciary Services (Pty) Ltd
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
1 August 2025
Case Number
09/2025
Procedural Posture
Review Application / Application for Acceptance of Will Under Section 2(3) of the Wills Act
Outcome
Application granted. The Master is directed to accept the 2021 will as the will of the deceased. Costs awarded against the second respondent on party and party scale B.
Judges
Lever
Legal Topics
Wills Act Section 2 3, Electronic Signature, Testamentary Intention, Administration of Estates
Family and Children Land and Property Wills Act Section 2 3 Electronic Signature Testamentary Intention Administration of Estates

Case Brief

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Parties

Mokgoro, Ithatheng N.O.

Applicant

Mokgoro, Ithatheng

Applicant

Mokgoro, Mpho Joseph

Applicant

Mokgoro, Itumeleng

Applicant

Bobo Radu, Gaobolelwe (born Mokgoro)

Applicant

Monyeki, Oratile Naledi

Applicant

The Master of the High Court, Kimberley

Respondent

Mmelesi, Goalatlhwe David

Respondent

Capital Legacy Fiduciary Services (Pty) Ltd

Respondent

Procedural Posture

Review Application / Application for Acceptance of Will Under Section 2(3) of the Wills Act

Legal Issues

  1. 1 Whether the 2021 will executed by electronic signature and email instructions satisfies the requirements of section 2(3) of the Wills Act.
  2. 2 Whether the intention of the deceased to have the 2021 will serve as her final will is established.
  3. 3 Whether the provisions of the Electronic Communications and Transactions Act (ECTA) preclude the acceptance of the 2021 will under the Wills Act.

Ratio Decidendi

The court found that the 2021 will, although executed electronically and not in strict compliance with section 2(1) of the Wills Act, was executed by the deceased in the ordinary sense of the word, as evidenced by her email instructions and the actions of the witnesses. The deceased's intention for the 2021 will to serve as her final will was undisputed and confirmed by both the applicants and the respondent. The court held that ECTA does not preclude the application of section 2(3) of the Wills Act, and that the jurisdictional facts required for relief under section 2(3) were established. The court therefore ordered the Master to accept the 2021 will as the deceased's will. Allegations...

Court Disposition

Application granted. The Master is directed to accept the 2021 will as the will of the deceased. Costs awarded against the second respondent on party and party scale B.

Orders

  • The Master of the High Court is directed to accept the document annexed to the founding affidavit as Annexure 'FA1' as the will of the deceased Jennifer Yvonne Mokgoro for the purposes of the Administration of Estates Act 66 of 1965.
  • The second respondent is to pay the party and party costs on scale B.