South Africa Case Law

Taylor and Others v Taylor and Others (257/11)

Taylor and Others v Taylor and Others (257/11) [2011] ZAECPEHC 48; 2012 (3) SA 219 (ECP) (15 November 2011)

Court

Eastern Cape High Court, Port Elizabeth

Case number

257/11

Judges

Griffiths, Zilwa

The court found that the language of the 'wish list' was predominantly discretionary, expressing the deceased's wishes for equitable distribution rather than binding instructions to amend his will. The deceased had executed a formal will seven months before his death, demonstrating awareness of the legal formalities required for testamentary effect. There was no evidence that the deceased intended the 'wish list' to have legal force as an amendment, nor that circumstances had changed to prompt such an intention. The court concluded that the applicants failed to establish that the deceased int…

Source excerpt

• Wills Act Section 2 3
• Testamentary Intention
• Amendment Of Will
• Estate Distribution

Smith v Parsons NO and Others (187/09)

Smith v Parsons NO and Others (187/09) [2010] ZASCA 39; [2010] 4 All SA 74 (SCA) (30 March 2010)

Court

Supreme Court of Appeal

Case number

187/09

Judges

Lewis, Heher, Mhlantla, Leach, Seriti

The Supreme Court of Appeal held that a suicide note showed testamentary intention and should be accepted as an amendment to the deceased's will.

• Wills Act Section 2 3
• Amendment Of Will
• Testamentary Intention
• Administration Of Estates Act
• Donatio Mortis Causa
• Wills-act-section-2-3