Roos v Saaiman NO and Others (19759/16) [2017] ZAGPPHC 683; 2018 (6) SA 279 (GP) (27 October 2017)

Roos v Saaiman NO and Others (19759/16) [2017] ZAGPPHC 683; 2018 (6) SA 279 (GP) (27 October 2017)

The court found that the letter dated 5 December 2011, signed by the deceased and addressed to Absa Trust, constituted a clear and unequivocal instruction to cancel and destroy the outdated 1994 will. The language and context of the letter, as well as subsequent correspondence from Absa Trust, supported the conclusion that the deceased intended to revoke her will. The court held that, in terms of section 2A(c) of the Wills Act, the letter satisfied the requirements for revocation, even though the will was not physically destroyed by Absa Trust. In the absence of any subsequent valid will, the deceased died intestate, and the applicant, as the surviving spouse, inherits the estate in...

Citation
[2017] ZAGPPHC 683
Parties
Applicant: Hannes Roos; Respondent: Pearl Saaiman NO; Respondent: Mara Doherty; Respondent: The Master of the North Gauteng High Court
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 October 2017
Case Number
19759/16
Procedural Posture
Declaratory Application / Judgment
Outcome
Application granted; the deceased died intestate and the applicant inherits the estate. Costs awarded against the second respondent.
Judges
M J Teffo
Legal Topics
Revocation of Will, Intestate Succession, Wills Act Interpretation
Family and Children Land and Property Revocation of Will Intestate Succession Wills Act Interpretation

Case Brief

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Parties

Hannes Roos

Applicant

Pearl Saaiman NO

Respondent

Mara Doherty

Respondent

The Master of the North Gauteng High Court

Respondent

Procedural Posture

Declaratory Application / Judgment

Legal Issues

  1. 1 Whether the letter dated 5 December 2011 constituted a valid revocation of the contested will.
  2. 2 Whether the deceased died intestate as a result of the revocation.
  3. 3 Whether the applicant, as surviving spouse, inherits the estate under the Intestate Succession Act.

Ratio Decidendi

The court found that the letter dated 5 December 2011, signed by the deceased and addressed to Absa Trust, constituted a clear and unequivocal instruction to cancel and destroy the outdated 1994 will. The language and context of the letter, as well as subsequent correspondence from Absa Trust, supported the conclusion that the deceased intended to revoke her will. The court held that, in terms of section 2A(c) of the Wills Act, the letter satisfied the requirements for revocation, even though the will was not physically destroyed by Absa Trust. In the absence of any subsequent valid will, the deceased died intestate, and the applicant, as the surviving spouse, inherits the estate in...

Court Disposition

Application granted; the deceased died intestate and the applicant inherits the estate. Costs awarded against the second respondent.

Orders

  • The application succeeds.
  • The second respondent is ordered to pay the costs of the application.