N.N.H v L.L.H and Others (1670/2022)
N.N.H v L.L.H and Others (1670/2022) [2023] ZAECMHC 36 (4 July 2023)
The Court found that the massed will executed by the deceased and his first wife was rendered null and void by their divorce and the subsequent distribution of their joint estate through a deed of settlement. There were no consolidated assets remaining for the purposes of the massed will. The absence of the original will further supported the presumption of revocation. The first wife failed to comply with the statutory requirements for adiation, and the purported adiation certificate was found to be invalid and misleading. The will was ambiguous and contradictory, and the presumption against…
Source excerpt
- Massed Will
- Adiation
- Customary Marriage
- Executor Removal
- Intestate Succession