Naude and Others v Naude and Another (4349/2014) [2017] ZAECGHC 26 (9 March 2017)

Naude and Others v Naude and Another (4349/2014) [2017] ZAECGHC 26 (9 March 2017)

The court found, based on compelling expert forensic evidence, that the signatures on the wills dated 14 October 2013 and 14 April 2014 were forgeries executed by the same person and not by the deceased. The evidence of the applicants' expert was preferred over that of the respondent's expert, whose methodology and credibility were found wanting. The court further found that the will dated 5 July 2013 was validly executed in accordance with the Wills Act, with credible testimony and affidavits confirming the presence of witnesses. The respondent's conduct in misleading the Master, police, and her own attorney, as well as inducing witnesses to commit perjury, was found to be dishonest and...

Citation
[2017] ZAECGHC 26
Parties
Applicant: Petrus Johannes Arnoldus Naude; Applicant: Philip Petrus Naude; Applicant: Ilze Naude; Respondent: Elizabeth Johanna Maria Naude; Respondent: The Master of the High Court
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
9 March 2017
Case Number
4349/2014
Procedural Posture
Review Application / Final Judgment After Oral Evidence and Expert Testimony
Outcome
Application granted; counter-application dismissed.
Judges
J.D. Pickering
Legal Topics
Wills Act Formalities, Forgery of Wills, Testamentary Intention, Expert Evidence Handwriting, Administration of Deceased Estates
Family and Children Land and Property Civil Procedure Wills Act Formalities Forgery of Wills Testamentary Intention Expert Evidence Handwriting Administration of Deceased Estates

Case Brief

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Parties

Petrus Johannes Arnoldus Naude

Applicant

Philip Petrus Naude

Applicant

Ilze Naude

Applicant

Elizabeth Johanna Maria Naude

Respondent

The Master of the High Court

Respondent

Procedural Posture

Review Application / Final Judgment After Oral Evidence and Expert Testimony

Legal Issues

  1. 1 Whether the signatures on the wills dated 14 October 2013 and 14 April 2014 are forgeries.
  2. 2 Whether the will dated 5 July 2013 was validly executed in accordance with the Wills Act.
  3. 3 Whether the Master of the High Court correctly accepted the will dated 14 April 2014 as the deceased's last will and testament.

Ratio Decidendi

The court found, based on compelling expert forensic evidence, that the signatures on the wills dated 14 October 2013 and 14 April 2014 were forgeries executed by the same person and not by the deceased. The evidence of the applicants' expert was preferred over that of the respondent's expert, whose methodology and credibility were found wanting. The court further found that the will dated 5 July 2013 was validly executed in accordance with the Wills Act, with credible testimony and affidavits confirming the presence of witnesses. The respondent's conduct in misleading the Master, police, and her own attorney, as well as inducing witnesses to commit perjury, was found to be dishonest and...

Court Disposition

Application granted; counter-application dismissed.

Orders

  • The Master's decision to accept the will dated 14 April 2014 as the last will and testament of Phillip Vorster Naude is set aside.
  • The will dated 5 July 2013 is declared to be the last will and testament of Phillip Vorster Naude; the Master is directed to accept it as such.