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South Africa decisions
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Lourenco and Another v Lourenco and Others (16945/2020) [2023] ZAGPJHC 796 (17 July 2023)
The High Court rescinded a default order declaring a disputed document the deceased’s will, finding interested parties were not notified and should have been joined.
Henriques v Giles NO and Another; Henriques v Giles NO and Others (213/08) [2009] ZASCA 64; 2010 (6) SA 51 (SCA) ; [2009] 4 All SA 116 (SCA) (29 May 2009)
The Supreme Court of Appeal held that a mistakenly signed will could be rectified to reflect the testator’s true intention, but Jackie's will could not be rectified on the papers.
Marais v Botha NO and Others (5461/2007) [2008] ZAWCHC 111 (31 October 2008)
The High Court dismissed an application to have a joint will accepted under section 2(3) of the Wills Act, finding a material dispute about a later will and public-policy concerns.
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