Williams and Others v Hendricks and Another (17638/2020) [2021] ZAWCHC 66; 2021 (6) SA 551 (WCC) (19 April 2021)

Williams and Others v Hendricks and Another (17638/2020) [2021] ZAWCHC 66; 2021 (6) SA 551 (WCC) (19 April 2021)

The court held that the applicants failed to establish that the deceased intended the bank's will application form to be her will. The document was clearly an instruction to the bank to draft a will, not a testamentary instrument. The circumstances and the content of the form indicated that the deceased did not intend it to operate as her will. The court distinguished the present case from precedents where informal documents were accepted as wills, noting that in those cases there was evidence of testamentary intention. The applicants' standing was also questioned, but the court considered the merits in the interests of the minor child. Ultimately, the substantive relief sought was...

Citation
[2021] ZAWCHC 66
Parties
Applicant: Estate Late Elaine Ilsia Williams; Applicant: Francis Leone Williams; Applicant: Thurston Clement Williams; Applicant: Eugene Nathan Williams; Applicant: Carmen Letitia Theresa Williams; Respondent: Wesley Hendricks; Respondent: The Master of the High Court, Cape Town
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
19 April 2021
Case Number
17638/2020
Procedural Posture
Civil Application / First Instance Judgment
Outcome
Application dismissed; no order as to costs.
Judges
A.G. Binns-Ward
Legal Topics
Wills Act Section 2 3, Testamentary Intention, Intestate Succession, Legal Standing
Land and Property Civil Procedure Wills Act Section 2 3 Testamentary Intention Intestate Succession Legal Standing

Case Brief

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Parties

Estate Late Elaine Ilsia Williams

Applicant

Francis Leone Williams

Applicant

Thurston Clement Williams

Applicant

Eugene Nathan Williams

Applicant

Carmen Letitia Theresa Williams

Applicant

Wesley Hendricks

Respondent

The Master of the High Court, Cape Town

Respondent

Procedural Posture

Civil Application / First Instance Judgment

Legal Issues

  1. 1 Whether the deceased intended the bank's will application form to be her will for the purposes of section 2(3) of the Wills Act.
  2. 2 Whether the applicants have legal standing to bring the application.
  3. 3 Whether the court should direct the Master to accept the document as a will despite non-compliance with formalities.

Ratio Decidendi

The court held that the applicants failed to establish that the deceased intended the bank's will application form to be her will. The document was clearly an instruction to the bank to draft a will, not a testamentary instrument. The circumstances and the content of the form indicated that the deceased did not intend it to operate as her will. The court distinguished the present case from precedents where informal documents were accepted as wills, noting that in those cases there was evidence of testamentary intention. The applicants' standing was also questioned, but the court considered the merits in the interests of the minor child. Ultimately, the substantive relief sought was...

Court Disposition

Application dismissed; no order as to costs.

Orders

  • The application is dismissed.
  • There will be no order as to costs.