Scott and Others v Master of the High Court, Bloemfontein and Others (2582/2012) [2012] ZAFSHC 190 (11 October 2012)

Scott and Others v Master of the High Court, Bloemfontein and Others (2582/2012) [2012] ZAFSHC 190 (11 October 2012)

The applicants failed to discharge the onus of proving, on a balance of probabilities, that the deceased was mentally incapable of appreciating the nature and effect of his act when making and signing the disputed will. The evidence presented by the applicants was insufficient and did not relate to the relevant dates. The respondents' version, supported by corroborating witnesses and medical evidence, established that the deceased was competent at the time of executing the will. The factual disputes could not be resolved in the applicants' favour on the papers, and the respondents' version was neither far-fetched nor untenable. Accordingly, the application to declare the will invalid was...

Citation
[2012] ZAFSHC 190
Parties
Applicant: Mr Wessel Johannes Scott; Applicant: Me Melanie Ann Scott; Applicant: Adv Debuys Wessel Scott; Applicant: Me Raché du Toit; Applicant: Me Desiree Boshoff; Respondent: Master of the High Court, Bloemfontein; Respondent: Mr Petrus Jacobus Kotze N.O.; Respondent: Me Elsie Hendriks; Respondent: Rusoord Aftreeoord; Respondent: John; Respondent: Stoffel; Respondent: Michael; Respondent: Merjim; Respondent: South African Cancer Association
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
11 October 2012
Case Number
2582/2012
Procedural Posture
Review Application / Final Judgment on Application Challenging Validity of Will
Outcome
Application dismissed with costs.
Judges
K.J. Moloi
Legal Topics
Testamentary Capacity, Wills Act Section 4a, Burden of Proof, Factual Dispute, Costs Order
Family and Children Civil Procedure Testamentary Capacity Wills Act Section 4a Burden of Proof Factual Dispute Costs Order

Case Brief

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Parties

Mr Wessel Johannes Scott

Applicant

Me Melanie Ann Scott

Applicant

Adv Debuys Wessel Scott

Applicant

Me Raché du Toit

Applicant

Me Desiree Boshoff

Applicant

Master of the High Court, Bloemfontein

Respondent

Mr Petrus Jacobus Kotze N.O.

Respondent

Me Elsie Hendriks

Respondent

Rusoord Aftreeoord

Respondent

John

Respondent

Stoffel

Respondent

Michael

Respondent

Merjim

Respondent

South African Cancer Association

Respondent

Procedural Posture

Review Application / Final Judgment on Application Challenging Validity of Will

Legal Issues

  1. 1 Whether the deceased was mentally capable of appreciating the nature and effect of making and signing the disputed will.
  2. 2 Whether the applicants discharged the onus of proving mental incapacity at the time the will was made.
  3. 3 Whether the factual disputes regarding testamentary capacity can be resolved on the papers.

Ratio Decidendi

The applicants failed to discharge the onus of proving, on a balance of probabilities, that the deceased was mentally incapable of appreciating the nature and effect of his act when making and signing the disputed will. The evidence presented by the applicants was insufficient and did not relate to the relevant dates. The respondents' version, supported by corroborating witnesses and medical evidence, established that the deceased was competent at the time of executing the will. The factual disputes could not be resolved in the applicants' favour on the papers, and the respondents' version was neither far-fetched nor untenable. Accordingly, the application to declare the will invalid was...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay the costs jointly and severally, the one paying, the others to be absolved.