Segal and Another v Master of the High Court Cape Town and Others (145/19) [2020] ZAWCHC 144 (22 October 2020)

Segal and Another v Master of the High Court Cape Town and Others (145/19) [2020] ZAWCHC 144 (22 October 2020)

The Court found that the contested Will was signed by the deceased and represented his true intention regarding the disposition of his estate. The surrounding circumstances, including the deceased's estrangement from his family and the specific instructions in the Will, demonstrated clear testamentary intention. The forensic handwriting report was admitted as evidence, and the respondents did not dispute the authenticity of the signature or the contents of the Will. The delay in bringing the application was justified by the applicants' efforts to trace the deceased's family, and no prejudice would result from condonation. The Court condoned the non-compliance with the witnessing...

Citation
[2020] ZAWCHC 144
Parties
Applicant: Louis Brian Segal; Applicant: Brian David Sarembock; Respondent: Master of the High Court Cape Town; Respondent: Stevan Melmed; Respondent: Ronald Melmed; Respondent: Ronald Melmed N.O.
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
22 October 2020
Case Number
145/19
Procedural Posture
Review Application / Judgment on Application to Declare Will Valid and Condone Non Compliance With Formalities
Outcome
Application granted. The Will is declared valid and non-compliance with formalities is condoned.
Judges
LekhULENI
Legal Topics
Wills Act Section 2 3, Condonation of Non Compliance, Testamentary Intention, Administration of Estates Act, Hearsay Evidence Admissibility
Civil Procedure Family and Children Wills Act Section 2 3 Condonation of Non Compliance Testamentary Intention Administration of Estates Act Hearsay Evidence Admissibility

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Parties

Louis Brian Segal

Applicant

Brian David Sarembock

Applicant

Master of the High Court Cape Town

Respondent

Stevan Melmed

Respondent

Ronald Melmed

Respondent

Ronald Melmed N.O.

Respondent

Procedural Posture

Review Application / Judgment on Application to Declare Will Valid and Condone Non Compliance With Formalities

Legal Issues

  1. 1 Whether the contested Will is the Last Will and Testament of the deceased.
  2. 2 Whether the Court can condone non-compliance with section 2(1)(a)(ii) and (iii) of the Wills Act.
  3. 3 Whether the declaratory orders sought would cause prejudice to the respondents.

Ratio Decidendi

The Court found that the contested Will was signed by the deceased and represented his true intention regarding the disposition of his estate. The surrounding circumstances, including the deceased's estrangement from his family and the specific instructions in the Will, demonstrated clear testamentary intention. The forensic handwriting report was admitted as evidence, and the respondents did not dispute the authenticity of the signature or the contents of the Will. The delay in bringing the application was justified by the applicants' efforts to trace the deceased's family, and no prejudice would result from condonation. The Court condoned the non-compliance with the witnessing...

Court Disposition

Application granted. The Will is declared valid and non-compliance with formalities is condoned.

Orders

  • The Will signed on 31 March 2012 by the late Leonard Samuel Melmed is declared the Last Will and Testament of the deceased despite not being witnessed, and the Master is directed to accept it as such.
  • The failure to comply with section 2(1)(a)(ii) and (iii) of the Wills Act is condoned.