Mabika and Others v Mabika and Another (2011/10308)
Mabika and Others v Mabika and Another (2011/10308) [2011] ZAGPJHC 109 (8 September 2011)
The court found that the deceased, Monica Tembisile Mabika, intended the documents executed at First National Bank in September 2010 to be her final will, as evidenced by her handwriting, explicit instructions, and the surrounding circumstances of her estrangement from the first respondent. The deceased's actions, including appointing the first applicant as guardian and executrix, and her efforts to exclude the first respondent from her estate, demonstrated clear testamentary intention. Section 2(3) of the Wills Act empowers the court to direct the Master to accept such documents as a will, e…
Source excerpt
- Testamentary Capacity
- Section 2 3 Wills Act
- Forfeiture Of Spousal Share
- Guardianship Of Minor
- Administration Of Estates
- Domestic Violence Interdict