Solomon v Solomon and Another (17909/2022) [2023] ZAWCHC 182 (20 July 2023)

Solomon v Solomon and Another (17909/2022) [2023] ZAWCHC 182 (20 July 2023)

The court found that the will dated 20 May 2020 was drafted and executed by the deceased, Percival Fairhurst Solomon, and was intended by him to be his last will and testament. The applicant failed to raise any genuine dispute of fact regarding the execution or intention behind the will. The first respondent and his wife had no prior knowledge of the deceased's intention to change his will, and their involvement was limited to witnessing the document at the deceased's request. The applicant's arguments regarding the timing of Mr Pillay's signature did not establish fraud or undue influence. The court was satisfied that neither the first respondent nor his wife defrauded or unduly...

Citation
[2023] ZAWCHC 182
Parties
Applicant: Jean-Paul Solomon; Respondent: Shane Graig Solomon; Respondent: The Master of the High Court
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
20 July 2023
Case Number
17909/2022
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed; counter application granted.
Judges
K Hofmeyr
Legal Topics
Wills Act Formalities, Intestate Succession, Disqualification of Beneficiaries, Undue Influence, Declaratory Relief
Civil Procedure Family and Children Wills Act Formalities Intestate Succession Disqualification of Beneficiaries Undue Influence Declaratory Relief

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Jean-Paul Solomon

Applicant

Shane Graig Solomon

Respondent

The Master of the High Court

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the document dated 20 May 2020 was drafted and executed by the deceased and intended to be his will.
  2. 2 Whether the first respondent is disqualified from receiving a benefit under the will, including being appointed as executor, due to his spouse attesting the will.

Ratio Decidendi

The court found that the will dated 20 May 2020 was drafted and executed by the deceased, Percival Fairhurst Solomon, and was intended by him to be his last will and testament. The applicant failed to raise any genuine dispute of fact regarding the execution or intention behind the will. The first respondent and his wife had no prior knowledge of the deceased's intention to change his will, and their involvement was limited to witnessing the document at the deceased's request. The applicant's arguments regarding the timing of Mr Pillay's signature did not establish fraud or undue influence. The court was satisfied that neither the first respondent nor his wife defrauded or unduly...

Court Disposition

Application dismissed; counter application granted.

Orders

  • The Master of the High Court is ordered to accept the document dated and signed on 20 May 2020 and executed by the late Percival Fairhurst Solomon as his last will and testament for purposes of the Administration of Estates Act 66 of 1965, although it does not comply with all the formalities for the execution of a...
  • The first respondent, Mr Shane Graig Solomon, is declared competent to receive any benefit under the will, including being appointed as executor.