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South Africa decisions
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Masilo v Master Of The High Court, Johannesburg and Others (2021/35301) [2024] ZAGPJHC 491 (13 May 2024)
The High Court held that a two-page will signed only on the second page was valid under section 2(3) of the Wills Act because the deceased intended it as her last will.
Wade v Master of the High Court of South Africa and Others (2022-060221) [2023] ZAGPJHC 1152 (11 October 2023)
The court found that the disputed document was signed by the deceased and both witnesses in each other's presence, and its content clearly indicated it was intended to be a will. The only formal defect was the placement of the second witness's signature on a separate page, which did not detract from the testamentary intention. The respondents' challenges to the applicant's credibility and the relationship with the deceased were irrelevant to the determination of intention at the time of signing. The Plascon-Evans rule required the court to accept the applicant's version in the absence of bona…
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Sono and Another v Master of the High Court, Johannesburg and Others (2021/46542) [2023] ZAGPJHC 788 (3 July 2023)
The application was dismissed because the requirements of section 2(3) of the Wills Act were not met. The contested will was neither personally drafted nor executed by the deceased, and the Supreme Court of Appeal in Bekker v Naude en Andere has authoritatively interpreted 'drafted' to mean personal creation by the deceased. The High Court is bound by this precedent and cannot adopt a broader interpretation. Although there was evidence of the deceased's intention to disinherit the third respondent, the absence of personal drafting or execution is fatal to the application. The court found no b…
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Marshall v Baker NO and Others (9510/2019) [2020] ZAWCHC 13; 2020 (3) SA 463 (WCC) (25 February 2020)
The court found that the deceased, an educated and meticulous planner, was fully aware of the legal requirements for a valid will, having previously executed wills in compliance with those requirements. The 2018 document, although handwritten and signed by the deceased, was not witnessed and was sent to Chris Baker, an attorney, for advice and further finalisation. The WhatsApp exchange indicated that the deceased regarded the document as preliminary thoughts regarding an updated will, not as his final testamentary instruction. The absence of a nominated executor and the failure to deal with…
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Grobler v Master of the High Court and Others (645/2018) [2019] ZASCA 119 (23 September 2019)
The Supreme Court of Appeal held that the unsigned draft will was prepared and amended by the deceased's financial advisor, not by the deceased himself. There was no evidence that the deceased received, reviewed, or approved the final draft sent on 17 December 2014, nor any indication that he intended it to be his last will and testament. The requirements of section 2(3) of the Wills Act were not met, as the draft was not drafted or executed by the deceased, and there was insufficient proof of testamentary intention. The appeal was accordingly dismissed, and the existing signed will from 1996…
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Kameel v Master of the High Court Bloemfontein and Another (A230/2018) [2019] ZAFSHC 129 (1 August 2019)
The High Court set aside an order declaring affidavits to be the deceased’s will, holding that a later document with a revocation clause could not be ignored.
Shushu and Another v Master of the High Court and Others (2404/2015) [2017] ZAECMHC 17 (7 May 2017)
The court held that a defective document was intended as the deceased’s will and ordered the Master to accept it, emphasizing freedom of testation.
Mitchell NO v Wren and Others (153/2015) [2016] ZASCA 50 (1 April 2016)
The Supreme Court of Appeal held that two handwritten suicide notes were testamentary amendments, with annexure A written last and accepted as a valid codicil.
Barnard v Master of the High Court Pretoria and Others (37080/2013) [2015] ZAGPPHC 393 (17 June 2015)
The court found that the deceased, Mrs Christina Gezina De Meillon, had the requisite mental capacity and intention to execute the will dated 15 December 2012. The psychologist's sworn report confirmed her compos mentis status, and both the attorney and applicant corroborated her clear instructions and understanding. The court held that the document met the requirements of section 2(3) of the Wills Act, as the deceased intended it to be her last will and testament. The opposition's reliance on unsworn and undated medical reports was rejected. The court concluded that the formal defects did no…
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Van Vuuren and Another v Master of the High Court and Others (37901/2014) [2015] ZAGPPHC 67 (3 March 2015)
The court found that the document dated 7 July 2008 was executed by the deceased, Daniel Johannes van Vuuren, with the intention that it be his last will and testament. The evidence of Ms Prinsloo and Ms Kotze established that the deceased regarded the document as his testament and took steps to ensure its safekeeping. The court rejected the fifth respondent's speculative and unsupported assertions regarding the destruction of the original document and the deceased's intentions. The wording of the document clearly indicated the deceased's intention to bequeath his entire estate to his two dau…
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