Riekert v Braun and Others (3969/2014) [2016] ZAFSHC 149 (18 August 2016)

Riekert v Braun and Others (3969/2014) [2016] ZAFSHC 149 (18 August 2016)

The court found, on a balance of probabilities, that the disputed document 'anx 2' was a genuine and valid copy of the last will and testament of the late Phillippus Rudolph Geldenhuys. The evidence established that the will was properly executed and witnessed, and that the applicant's involvement did not amount to undue influence. The court rejected the respondents' suspicions as unfounded, noting the absence of credible evidence of falsification or improper conduct. The applicant provided a satisfactory explanation for the missing original, and the court was satisfied that the testator did not intend to revoke the will. The applicant discharged the onus of proof, and the copy was...

Citation
[2016] ZAFSHC 149
Parties
Applicant: Muriel Ada Riekert; Respondent: SM Braun; Respondent: AJ van Tonder; Respondent: MMM Steenkamp; Respondent: Die Meester van die Hoe Hof, Bloemfontein
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
18 August 2016
Case Number
3969/2014
Procedural Posture
Declaratory Application / Judgment After Oral Evidence Following Opposed Motion Proceedings
Outcome
Application granted in favour of the applicant.
Judges
Rampai
Legal Topics
Law of Succession, Declaratory Relief, Lost Will, Freedom of Testation, Onus of Proof
Family and Children Civil Procedure Law of Succession Declaratory Relief Lost Will Freedom of Testation Onus of Proof

Case Brief

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Parties

Muriel Ada Riekert

Applicant

SM Braun

Respondent

AJ van Tonder

Respondent

MMM Steenkamp

Respondent

Die Meester van die Hoe Hof, Bloemfontein

Respondent

Procedural Posture

Declaratory Application / Judgment After Oral Evidence Following Opposed Motion Proceedings

Legal Issues

  1. 1 Whether the disputed document 'anx 2' is a valid copy of the last will and testament of the late Phillippus Rudolph Geldenhuys.
  2. 2 Whether the original will was lost or destroyed and, if so, whether it was done with the intention to revoke.
  3. 3 Whether the applicant discharged the onus to prove the validity and authenticity of the copy of the will.

Ratio Decidendi

The court found, on a balance of probabilities, that the disputed document 'anx 2' was a genuine and valid copy of the last will and testament of the late Phillippus Rudolph Geldenhuys. The evidence established that the will was properly executed and witnessed, and that the applicant's involvement did not amount to undue influence. The court rejected the respondents' suspicions as unfounded, noting the absence of credible evidence of falsification or improper conduct. The applicant provided a satisfactory explanation for the missing original, and the court was satisfied that the testator did not intend to revoke the will. The applicant discharged the onus of proof, and the copy was...

Court Disposition

Application granted in favour of the applicant.

Orders

  • Annexure '2' to the founding affidavit is declared to be the last will and testament of the late Phillippus Rudolph Geldenhuys.
  • The fourth respondent is ordered and authorized to accept annexure '2' as the last will and testament and to administer the estate accordingly.