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South Africa decisions
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Mavuso v Ndaba and Others (45990/2021) [2024] ZAGPJHC 906 (6 September 2024)
The High Court dismissed a challenge to a 2016 will, finding no proof of forgery and accepting that the deceased validly left her property to the defendant.
Mngomezulu v Mngomezulu and Others (26645/2021) [2024] ZAGPJHC 490 (13 May 2024)
The court dismissed an application to set aside a will and property transfer, finding the applicant failed to prove forgery or fraud.
Moshabane v Mtshagi and Others (70/2022) [2024] ZAECQBHC 2 (25 January 2024)
The applicant failed to establish locus standi, as she was neither a nominated beneficiary under the impugned will nor entitled to inherit intestate, given the marriage between her father and the testatrix was out of community of property and the relevant legal consequences had crystallised prior to the Sithole judgment. The applicant's allegations of forgery and disqualification of the first respondent were unsupported by evidence and convincingly rebutted by affidavits from the actual witness and the drafting attorney. No genuine dispute of fact existed on the papers, and the applicant's as…
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Obst v Machabe N.O and Another (2021/47605) [2023] ZAGPJHC 1381 (27 November 2023)
The High Court held that a 2021 will was a forgery, accepted a copy of the 2015 will as valid, removed the executor, and appointed the applicant.
Khalanyane v Khalanyane and Others (1507/2018) [2020] ZAFSHC 43 (5 March 2020)
The High Court declared a contested will null and void after finding the signature was forged and unchallenged expert evidence supported the attack on validity.
Helmie and Another v Ruiters and Others (3634/15) [2017] ZAECPEHC 13 (14 February 2017)
The High Court refused to declare an unsigned copy of a disputed document to be the deceased’s will, finding the applicants had not proved authenticity or testamentary intent.
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