Ntuli v Maluleke and Others (07039/2016) [2018] ZAGPJHC 121 (24 May 2018)

Ntuli v Maluleke and Others (07039/2016) [2018] ZAGPJHC 121 (24 May 2018)

The court found that, on the totality of the evidence, the deceased was mentally capable of executing the will. The contemporaneous nursing records and witness testimony established that the deceased was orientated and able to communicate, and there was no direct evidence of mental incapacity. The will was executed in the presence of witnesses, and the formalities of the Wills Act were satisfied. The deceased's intention to provide for the first defendant and their son was credible, given the nature of his relationships and the fact that his children from the civil marriage were adults and had been maintained into adulthood. The customary union between the deceased and the first defendant...

Citation
[2018] ZAGPJHC 121
Parties
Plaintiff: Nelisiwe Annacletta Ntuli; Defendant: Dorcas Maluleke; Defendant: Jaco du Plessis; Defendant: Master of the High Court
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
24 May 2018
Case Number
07039/2016
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiff's claim dismissed; costs awarded against the plaintiff.
Judges
Fisher
Legal Topics
Wills Act Formalities, Testamentary Capacity, Customary Marriage Validity, Community of Property
Family and Children Land and Property Wills Act Formalities Testamentary Capacity Customary Marriage Validity Community of Property

Case Brief

Summary, issues, holding and outcome

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Parties

Nelisiwe Annacletta Ntuli

Plaintiff

Dorcas Maluleke

Defendant

Jaco du Plessis

Defendant

Master of the High Court

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the deceased had testamentary capacity at the time of executing the will.
  2. 2 Whether the will complied with the formalities required by the Wills Act.
  3. 3 Whether the customary union between the deceased and the first defendant was valid.

Ratio Decidendi

The court found that, on the totality of the evidence, the deceased was mentally capable of executing the will. The contemporaneous nursing records and witness testimony established that the deceased was orientated and able to communicate, and there was no direct evidence of mental incapacity. The will was executed in the presence of witnesses, and the formalities of the Wills Act were satisfied. The deceased's intention to provide for the first defendant and their son was credible, given the nature of his relationships and the fact that his children from the civil marriage were adults and had been maintained into adulthood. The customary union between the deceased and the first defendant...

Court Disposition

Plaintiff's claim dismissed; costs awarded against the plaintiff.

Orders

  • The plaintiff’s claim is dismissed.
  • The plaintiff is to pay the costs of the first defendant.