Johnson v Johnson and Others (16626/2023)
Johnson v Johnson and Others (16626/2023) [2025] ZAWCHC 54 (19 February 2025)
The court found, on a balance of probabilities, that the deceased did not possess the requisite testamentary capacity to execute either the 2015 or 2016 Will. Expert medical evidence, including a MOCA score of 13/30 and psychiatric assessments, established significant cognitive impairment due to moderately advanced dementia. The evidence of Ms Johnson and the unchallenged expert reports corroborated the deceased's inability to appreciate the nature and effect of her actions, recall her assets, or identify her heirs. The suspicious circumstances surrounding the execution of both Wills and the…
Source excerpt
- Testamentary Capacity
- Wills Act
- Executor Removal
- Intestate Succession
- Property Transfer Setting Aside
- Undue Influence