Williams v Nolan NO and Others (60400/2017) [2019] ZAGPPHC 259 (20 June 2019)

Williams v Nolan NO and Others (60400/2017) [2019] ZAGPPHC 259 (20 June 2019)

The court found that the mere signing of an antenuptial contract without attestation by a notary public does not constitute execution as required by section 87 of the Deeds Registries Act. However, section 88 empowers the court to authorize postnuptial execution and registration of a notarial contract if the parties agreed on the terms before marriage, there is a good reason for failure to execute, and the application is brought with reasonable promptitude. The evidence, including affidavits, signed documents, and the conduct of the parties, established their intention to regulate their matrimonial regime by antenuptial contract. The applicant, as a beneficiary, has locus standi to bring...

Citation
[2019] ZAGPPHC 259
Parties
Applicant: Ralph Hilton Williams; Respondent: Anne Marie Nolan N.O.; Respondent: Master of the High Court, Pretoria; Respondent: Registrar of Deeds; Interested Party: Roland Christopher Mellow
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 June 2019
Case Number
60400/2017
Procedural Posture
Urgent Application / Judgment
Outcome
Application granted for postnuptial execution and registration of the antenuptial contract, subject to publication and endorsement requirements.
Judges
N.E. Ramapupputla
Legal Topics
Deeds Registries Act, Ante Nuptial Contract, Locus Standi, Matrimonial Regime Change, Practice Directive Compliance
Land and Property Civil Procedure Deeds Registries Act Ante Nuptial Contract Locus Standi Matrimonial Regime Change Practice Directive Compliance

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Parties

Ralph Hilton Williams

Applicant

Anne Marie Nolan N.O.

Respondent

Master of the High Court, Pretoria

Respondent

Registrar of Deeds

Respondent

Roland Christopher Mellow

Interested Party

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the mere signing of an antenuptial contract without attestation by a notary public constitutes execution of such contract.
  2. 2 Whether the practice directive applies to applications seeking to change the matrimonial regime by registration of an antenuptial contract under sections 87 or 88 of the Deeds Registries Act.
  3. 3 Whether a beneficiary or heir has locus standi to apply for postnuptial execution of an antenuptial contract.

Ratio Decidendi

The court found that the mere signing of an antenuptial contract without attestation by a notary public does not constitute execution as required by section 87 of the Deeds Registries Act. However, section 88 empowers the court to authorize postnuptial execution and registration of a notarial contract if the parties agreed on the terms before marriage, there is a good reason for failure to execute, and the application is brought with reasonable promptitude. The evidence, including affidavits, signed documents, and the conduct of the parties, established their intention to regulate their matrimonial regime by antenuptial contract. The applicant, as a beneficiary, has locus standi to bring...

Court Disposition

Application granted for postnuptial execution and registration of the antenuptial contract, subject to publication and endorsement requirements.

Orders

  • Condonation for late filing of the replying affidavit is granted.
  • Postnuptial execution of a notarial contract entered between the deceased and the interested party having the effect of an antenuptial contract is authorised.