Samuels and Others v Juries (Born Samuels) and Others (2508/2022) [2023] ZAWCHC 191 (28 July 2023)

Samuels and Others v Juries (Born Samuels) and Others (2508/2022) [2023] ZAWCHC 191 (28 July 2023)

The court held that while section 2(3) of the Wills Act allows for condonation of non-compliance with formalities, including those relating to signing by mark, the applicants failed to discharge their burden of proving that the deceased intended the candidate will to be his will. The founding papers did not adequately explain how the contents of the candidate will were communicated to the deceased, who was unable to read, write, or speak due to a stroke. There was insufficient evidence regarding the deceased's understanding and agreement with the terms of the candidate will, and material errors and omissions in the applicants' papers undermined their case. The court was not satisfied that...

Citation
[2023] ZAWCHC 191
Parties
Applicant: Maureen Sylvia Samuels; Applicant: Andre Neil Samuels; Applicant: Brent Samuels; Applicant: Colleen Brown (born Samuels); Respondent: Jolene Juries (born Samuels); Respondent: Michelle Diane Benson (born Samuels); Respondent: The Master of the High Court
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
28 July 2023
Case Number
2508/2022
Procedural Posture
Review Application / Application Under Section 2(3) of the Wills Act for Condonation of Non Compliance With Will Formalities.
Outcome
Application dismissed.
Judges
K Hofmeyr
Legal Topics
Wills Act Section 2 3, Testamentary Intention, Formal Requirements for Wills, Condonation of Non Compliance
Civil Procedure Family and Children Wills Act Section 2 3 Testamentary Intention Formal Requirements for Wills Condonation of Non Compliance

Case Brief

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Parties

Maureen Sylvia Samuels

Applicant

Andre Neil Samuels

Applicant

Brent Samuels

Applicant

Colleen Brown (born Samuels)

Applicant

Jolene Juries (born Samuels)

Respondent

Michelle Diane Benson (born Samuels)

Respondent

The Master of the High Court

Respondent

Procedural Posture

Review Application / Application Under Section 2(3) of the Wills Act for Condonation of Non Compliance With Will Formalities.

Legal Issues

  1. 1 Whether the document signed by the deceased and the first applicant, but not in compliance with section 2(1) of the Wills Act, can be accepted as a valid will under section 2(3).
  2. 2 Whether the deceased intended the candidate will to be his will.
  3. 3 Whether the applicants discharged their burden of placing all relevant facts before the court.

Ratio Decidendi

The court held that while section 2(3) of the Wills Act allows for condonation of non-compliance with formalities, including those relating to signing by mark, the applicants failed to discharge their burden of proving that the deceased intended the candidate will to be his will. The founding papers did not adequately explain how the contents of the candidate will were communicated to the deceased, who was unable to read, write, or speak due to a stroke. There was insufficient evidence regarding the deceased's understanding and agreement with the terms of the candidate will, and material errors and omissions in the applicants' papers undermined their case. The court was not satisfied that...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • All the costs of the applicants and the first respondent are to be paid by the estate on the attorney and client scale.