Ngakaemang and Another v Master of the High Court and Others (1620/2019) [2023] ZANCHC 88 (1 December 2023)

Ngakaemang and Another v Master of the High Court and Others (1620/2019) [2023] ZANCHC 88 (1 December 2023)

The court found the evidence of the applicants and their witnesses to be credible, reliable, and consistent, establishing that the deceased was of sound mind when she executed the Will dated 19 June 2018. The technical error by the commissioner of oaths in failing to initial every page was condoned as a bona fide mistake. The respondent's version was found to be unreliable, contradictory, and motivated by self-interest, with no credible evidence of the deceased's alleged mental incapacity. The previous order declaring the February 2018 Will valid was rescinded, and the June 2018 Will was accepted as the valid Last Will and Testament of the deceased for the purposes of the Administration...

Citation
[2023] ZANCHC 88
Parties
Applicant: Angeline Keikantsemang Ngakaemang; Applicant: Riana Gagiano; Respondent: Master of the High Court; Respondent: Grace Keitumetse Mokeng; Respondent: Sarah Kedibone Teu; Respondent: Isaac Onethata Mokeng
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
1 December 2023
Case Number
1620/2019
Procedural Posture
Review Application / Final Judgment After Oral Evidence
Outcome
Application granted. The June 2018 Will is declared valid and accepted for estate administration. The previous order validating the February 2018 Will is rescinded. Costs awarded against the fourth respondent.
Judges
Mamosebo
Legal Topics
Wills Act Compliance, Testamentary Capacity, Rescission of Order, Administration of Estates
Civil Procedure Land and Property Wills Act Compliance Testamentary Capacity Rescission of Order Administration of Estates

Case Brief

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Parties

Angeline Keikantsemang Ngakaemang

Applicant

Riana Gagiano

Applicant

Master of the High Court

Respondent

Grace Keitumetse Mokeng

Respondent

Sarah Kedibone Teu

Respondent

Isaac Onethata Mokeng

Respondent

Procedural Posture

Review Application / Final Judgment After Oral Evidence

Legal Issues

  1. 1 Which of the two competing Wills executed by the deceased is valid and should be accepted for the administration of her estate.
  2. 2 Whether the deceased possessed the requisite testamentary capacity at the time of executing the disputed Wills.
  3. 3 Whether the previous court order declaring the first Will valid should be rescinded and set aside.

Ratio Decidendi

The court found the evidence of the applicants and their witnesses to be credible, reliable, and consistent, establishing that the deceased was of sound mind when she executed the Will dated 19 June 2018. The technical error by the commissioner of oaths in failing to initial every page was condoned as a bona fide mistake. The respondent's version was found to be unreliable, contradictory, and motivated by self-interest, with no credible evidence of the deceased's alleged mental incapacity. The previous order declaring the February 2018 Will valid was rescinded, and the June 2018 Will was accepted as the valid Last Will and Testament of the deceased for the purposes of the Administration...

Court Disposition

Application granted. The June 2018 Will is declared valid and accepted for estate administration. The previous order validating the February 2018 Will is rescinded. Costs awarded against the fourth respondent.

Orders

  • The order granted by this Court on 20 November 2018 under Case Number 2418/2018 is rescinded and set aside.
  • The Master of the High Court, Kimberley, is ordered to accept the document marked annexure 'A' dated 19 June 2018 as the Last Will and Testament of Kesolofetse Mary Oliphant for the purposes of the Administration of Estates Act 66 of 1965.