S and Others v V N.O and Others (28329/2015)
S and Others v V N.O and Others (28329/2015) [2016] ZAGPJHC 221 (11 August 2016)
The court found that the 2012 will revoked the 2011 will and that the scanned copy of the 2012 will, emailed to the executor and others, was valid and reflected the deceased's intentions. The common law presumption of animus revocandi did not apply because there was insufficient evidence that the deceased destroyed the original 2012 will with intent to revoke it, and the search for the original was inadequate. Even if the presumption applied, it was rebutted by the deceased's consistent conduct in maintaining valid wills and communicating his wishes. The court exercised its discretion under s…
Source excerpt
- Wills Act Section 2 3
- Revocation Of Will
- Succession
- Administration Of Estates Act
- Presumption Of Animus Revocandi