Obst v Machabe N.O and Another (2021/47605) [2023] ZAGPJHC 1381 (27 November 2023)

Obst v Machabe N.O and Another (2021/47605) [2023] ZAGPJHC 1381 (27 November 2023)

The court found, on a balance of probabilities, that the will dated 20 January 2021 was a forgery and not signed by the deceased. The Applicant's evidence regarding his relationship with the deceased, corroborated by affidavits from witnesses and expert handwriting analysis, established the authenticity of the 2015 will. The First Respondent's version was inconsistent, lacked corroboration, and her expert did not address the key issue of the contested signature. The court held that the 2015 will should be accepted as the valid last will and testament, the First Respondent removed as executor, and the Applicant appointed in her place. Costs were ordered to be paid from the estate.

Citation
[2023] ZAGPJHC 1381
Parties
Applicant: Klaus Dieter Obst; Respondent: Nozipho Puleng Machabe N.O.; Respondent: The Master of the High Court, Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
27 November 2023
Case Number
2021/47605
Procedural Posture
Review Application / Judgment
Outcome
Application granted. The 2021 will declared null and void; the 2015 will accepted as valid; First Respondent removed as executor; Applicant appointed as executor; costs to be paid from the estate.
Judges
A.D. Stein
Legal Topics
Wills Act, Forgery of Will, Executor Removal, Administration of Estates Act, Testamentary Capacity
Civil Procedure Family and Children Wills Act Forgery of Will Executor Removal Administration of Estates Act Testamentary Capacity

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Parties

Klaus Dieter Obst

Applicant

Nozipho Puleng Machabe N.O.

Respondent

The Master of the High Court, Johannesburg

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the will dated 20 January 2021 is a forgery and should be declared null and void.
  2. 2 Whether the copy of the will dated 20 December 2015 should be accepted as the valid last will and testament of the deceased.
  3. 3 Whether the First Respondent should be removed as executor and the Applicant appointed in her place.

Ratio Decidendi

The court found, on a balance of probabilities, that the will dated 20 January 2021 was a forgery and not signed by the deceased. The Applicant's evidence regarding his relationship with the deceased, corroborated by affidavits from witnesses and expert handwriting analysis, established the authenticity of the 2015 will. The First Respondent's version was inconsistent, lacked corroboration, and her expert did not address the key issue of the contested signature. The court held that the 2015 will should be accepted as the valid last will and testament, the First Respondent removed as executor, and the Applicant appointed in her place. Costs were ordered to be paid from the estate.

Court Disposition

Application granted. The 2021 will declared null and void; the 2015 will accepted as valid; First Respondent removed as executor; Applicant appointed as executor; costs to be paid from the estate.

Orders

  • The purported will dated 20 January 2021 is declared null and void.
  • All dispositions and appointments under the fraudulent will are declared null and void.