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South Africa Case Law

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Civil Procedure [2023] ZAECMHC 26

Tilayi and Another v Master Of The High Court, Mthatha Eastern Cape and Others (3588/2021)

Tilayi and Another v Master Of The High Court, Mthatha Eastern Cape and Others (3588/2021) [2023] ZAECMHC 26 (10 May 2023)

Court
Eastern Cape High Court, Mthatha
Case number
3588/2021
Judges
Laing, Rusi

The court dismissed an application to have an informal codicil accepted as a will under section 2(3) of the Wills Act, finding the deceased’s testamentary intent was not proved.

  • Wills Act Formalities
  • Codicil Authenticity
  • Testamentary Intention
  • Section 2 3 Application
  • Beneficiary Disqualification
  • Wills-act-formalities
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Civil Procedure [2017] ZAWCHC 11

Pretorius (16727/13), Ex parte

Pretorius (16727/13), Ex parte [2017] ZAWCHC 11; [2017] 2 All SA 558 (WCC) (23 February 2017)

Court
Western Cape High Court, Cape Town
Case number
16727/13
Judge
Savage

High Court dismissed an ex parte application to validate a witness-beneficiary under a will because material disputes of fact and nondisclosure were unresolved.

  • Wills Act Section 4a
  • Undue Influence
  • Beneficiary Disqualification
  • Motion Proceedings
  • Disputes Of Fact
  • Wills-act
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Family And Children [2016] ZAFSHC 26

Opperman v Opperman and Others (3659/2015)

Opperman v Opperman and Others (3659/2015) [2016] ZAFSHC 26 (3 March 2016)

Court
Free State High Court, Bloemfontein
Case number
3659/2015
Judge
C. H. G. Van der Merwe

The court held that the 1 May 2006 document was the testator’s last will, rejected reliance on later unsigned or revoked drafts, and found the witness-beneficiary competent to inherit.

  • Wills Act Formalities
  • Revocation Of Wills
  • Beneficiary Disqualification
  • Testamentary Intention
  • Wills-act-formalities
  • Revocation-of-wills
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.