Roux N.O and Another v Stemmet N.O and Others (17064/2022)
Roux N.O and Another v Stemmet N.O and Others (17064/2022) [2023] ZAWCHC 222 (23 August 2023)
The court held that the deceased did not personally draft or cause the drafting of 'POC5', nor did he ever receive, peruse, approve, or sign it. The necessary animus revocandi was absent, and the requirements of section 2A(c) of the Wills Act were not met. The impossibility principle does not apply to the execution or revocation of wills under South African law, as the Wills Act is interpreted strictly and does not accommodate exceptions for impossibility in these circumstances. The Plaintiffs' Particulars of Claim do not disclose a cause of action for the relief sought under either section 2…
Source excerpt
- Revocation Of Wills
- Wills Act Formalities
- Animus Revocandi
- Impossibility Principle
- Exception Procedure