Sono and Another v Master of the High Court, Johannesburg and Others (2021/46542) [2023] ZAGPJHC 788 (3 July 2023)

Sono and Another v Master of the High Court, Johannesburg and Others (2021/46542) [2023] ZAGPJHC 788 (3 July 2023)

The application was dismissed because the requirements of section 2(3) of the Wills Act were not met. The contested will was neither personally drafted nor executed by the deceased, and the Supreme Court of Appeal in Bekker v Naude en Andere has authoritatively interpreted 'drafted' to mean personal creation by the deceased. The High Court is bound by this precedent and cannot adopt a broader interpretation. Although there was evidence of the deceased's intention to disinherit the third respondent, the absence of personal drafting or execution is fatal to the application. The court found no basis to distinguish Bekker v Naude on the facts and held that the doctrine of precedent requires...

Citation
[2023] ZAGPJHC 788
Parties
Applicant: Elisabeth Bridgette Gege Sono; Applicant: Irene Dikeledi Loate; Respondent: The Master of the High Court, Johannesburg; Respondent: Maria Asindo; Respondent: Mavis Helen Kgaditsoe
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
3 July 2023
Case Number
2021/46542
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
Maier-Frawley
Legal Topics
Wills Act Section 2 3, Intestate Succession, Formalities of Wills, Judicial Precedent
Civil Procedure Family and Children Wills Act Section 2 3 Intestate Succession Formalities of Wills Judicial Precedent

Case Brief

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Parties

Elisabeth Bridgette Gege Sono

Applicant

Irene Dikeledi Loate

Applicant

The Master of the High Court, Johannesburg

Respondent

Maria Asindo

Respondent

Mavis Helen Kgaditsoe

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the unsigned document titled 'Last Will and Testament of Tiny Salome Julia Modisakeng' can be declared a valid will under section 2(3) of the Wills Act.
  2. 2 Whether the requirements of section 2(3) of the Wills Act, specifically the drafting and intention requirements, have been met.
  3. 3 Whether the doctrine of precedent requires the court to follow the Supreme Court of Appeal decision in Bekker v Naude en Andere.

Ratio Decidendi

The application was dismissed because the requirements of section 2(3) of the Wills Act were not met. The contested will was neither personally drafted nor executed by the deceased, and the Supreme Court of Appeal in Bekker v Naude en Andere has authoritatively interpreted 'drafted' to mean personal creation by the deceased. The High Court is bound by this precedent and cannot adopt a broader interpretation. Although there was evidence of the deceased's intention to disinherit the third respondent, the absence of personal drafting or execution is fatal to the application. The court found no basis to distinguish Bekker v Naude on the facts and held that the doctrine of precedent requires...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.