Smith v Parsons NO and Others (15584/2007) [2009] ZAKZHC 2; 2009 (3) SA 519 (D) (29 January 2009)

Smith v Parsons NO and Others (15584/2007) [2009] ZAKZHC 2; 2009 (3) SA 519 (D) (29 January 2009)

The court found that although the suicide note was personally drafted by the deceased, the applicant failed to discharge the strict onus required by section 2(3) of the Wills Act to prove that the deceased intended the note itself to be an amendment to his will. The format, language, and content of the note were inconsistent with a testamentary disposition, and the circumstances surrounding its drafting, including the deceased's irrational behaviour and lack of formal signature, rendered it ambiguous. The court concluded that it could not unequivocally accept the suicide note as the genuine and final expression of the deceased's intention regarding the disposal of his estate....

Citation
[2009] ZAKZHC 2
Parties
Applicant: Heather Wendy Smith; Respondent: Charles Parsons N.O.; Respondent: Fritz Albert Volker N.O.; Respondent: Jeremy Alan Smith; Respondent: The Master of the High Court
Court
High Courts - Kwazulu Natal
Jurisdiction
South Africa
Judgment Date
29 January 2009
Case Number
15584/2007
Procedural Posture
Review Application / Application for Acceptance of Suicide Note as Codicil to Will
Outcome
Application dismissed with costs.
Judges
Luthuli
Legal Topics
Wills Act Section 2 3, Testamentary Intention, Codicil, Onus of Proof
Civil Procedure Family and Children Wills Act Section 2 3 Testamentary Intention Codicil Onus of Proof

Case Brief

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Parties

Heather Wendy Smith

Applicant

Charles Parsons N.O.

Respondent

Fritz Albert Volker N.O.

Respondent

Jeremy Alan Smith

Respondent

The Master of the High Court

Respondent

Procedural Posture

Review Application / Application for Acceptance of Suicide Note as Codicil to Will

Legal Issues

  1. 1 Whether the suicide note should be accepted as an amendment to the deceased's will under section 2(3) of the Wills Act.
  2. 2 Whether the bequests in the suicide note were conditional upon the applicant not applying for or obtaining benefits from the deceased's pension and provident funds.
  3. 3 Whether the applicant is unworthy to receive any benefit in terms of the suicide note.

Ratio Decidendi

The court found that although the suicide note was personally drafted by the deceased, the applicant failed to discharge the strict onus required by section 2(3) of the Wills Act to prove that the deceased intended the note itself to be an amendment to his will. The format, language, and content of the note were inconsistent with a testamentary disposition, and the circumstances surrounding its drafting, including the deceased's irrational behaviour and lack of formal signature, rendered it ambiguous. The court concluded that it could not unequivocally accept the suicide note as the genuine and final expression of the deceased's intention regarding the disposal of his estate....

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.