South Africa Case Law

Johnson v Johnson and Others (16626/2023)

Johnson v Johnson and Others (16626/2023) [2025] ZAWCHC 54 (19 February 2025)

Court

Western Cape High Court, Cape Town

Case number

16626/2023

Judge

P D Andrews

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

De Klerk and Others v Opperman (29052/2018)

De Klerk and Others v Opperman (29052/2018) [2024] ZAGPJHC 1008 (7 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

29052/2018

Judge

Mahomed

Leave to appeal was dismissed in a wills dispute, with the court upholding findings on testamentary capacity, expert evidence, and hearsay admissibility.

• Testamentary Capacity
• Leave To Appeal Standard
• Expert Evidence
• Hearsay Evidence
• Undue Influence
• Costs Order

Mavuso v Ndaba and Others (45990/2021)

Mavuso v Ndaba and Others (45990/2021) [2024] ZAGPJHC 906 (6 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

45990/2021

Judge

Fisher

The High Court dismissed a challenge to a 2016 will, finding no proof of forgery and accepting that the deceased validly left her property to the defendant.

• Validity Of Wills
• Testamentary Capacity
• Forgery Of Will
• Succession
• Estate Administration
• Validity-of-wills

Genlloud and Others v Van Der Merwe and Others (39708/2020)

Genlloud and Others v Van Der Merwe and Others (39708/2020) [2024] ZAGPJHC 661 (20 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

39708/2020

Judge

Moila

The High Court dismissed a family challenge to wills and a property sale, finding no proof of lack of testamentary capacity and that the claim had prescribed.

• Testamentary Capacity
• Validity Of Wills
• Intestate Succession
• Prescription
• Sale Of Land
• Estate Administration

Ngakaemang and Another v Master of the High Court and Others (1620/2019)

Ngakaemang and Another v Master of the High Court and Others (1620/2019) [2023] ZANCHC 88 (1 December 2023)

Court

Northern Cape High Court, Kimberley

Case number

1620/2019

Judge

Mamosebo

The court rescinded an earlier order and accepted the deceased’s 19 June 2018 will as valid, finding the applicants’ evidence credible and the respondent’s version unreliable.

• Wills Act Compliance
• Testamentary Capacity
• Rescission Of Order
• Administration Of Estates
• Wills-act-compliance
• Testamentary-capacity

Obst v Machabe N.O and Another (2021/47605)

Obst v Machabe N.O and Another (2021/47605) [2023] ZAGPJHC 1381 (27 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/47605

Judge

A.D. Stein

The High Court held that a 2021 will was a forgery, accepted a copy of the 2015 will as valid, removed the executor, and appointed the applicant.

• Wills Act
• Forgery Of Will
• Executor Removal
• Administration Of Estates Act
• Testamentary Capacity
• Wills-act

Mokoena v Molefe and Others (CIV APP FB 10/2022)

Mokoena v Molefe and Others (CIV APP FB 10/2022) [2023] ZANWHC 116 (7 August 2023)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 10/2022

Judges

Hendricks JP, Petersen J, Khan AJ

Full Court appeal concerning the validity of a will and codicil under the Wills Act, with dispute over deletions, witness attestation, and an alleged forgery.

• Wills Act Formalities
• Testamentary Capacity
• Codicil Amendment
• Executor Appointment
• Wills-act-formalities
• Codicils

Moeketsi and Another v Hageman N.O and Others (3767/18)

Moeketsi and Another v Hageman N.O and Others (3767/18) [2022] ZAGPJHC 718 (20 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

3767/18

Judge

Dlamini

The High Court dismissed a challenge to a 2013 will, finding it was duly signed in the presence of two witnesses and that the plaintiff failed to prove invalidity.

• Wills Act Compliance
• Testamentary Capacity
• Undue Influence
• Intestate Succession
• Wills-act-compliance
• Will-validity

Gouws v Hamman and Others (3871/2017)

Gouws v Hamman and Others (3871/2017) [2022] ZAFSHC 163 (27 June 2022)

Court

Free State High Court, Bloemfontein

Case number

3871/2017

Judge

NS Daniso

The High Court dismissed an application for leave to appeal against a ruling invalidating a 2017 will, finding no reasonable prospect of success.

• Testamentary Capacity
• Leave To Appeal Threshold
• Costs Order
• Leave-to-appeal
• Testamentary-capacity
• Wills-and-estates

Hamman and Another v Master of the High Court and Others (3871/2017)

Hamman and Another v Master of the High Court and Others (3871/2017) [2022] ZAFSHC 74 (21 January 2022)

Court

Free State High Court, Bloemfontein

Case number

3871/2017

Judge

Daniso

The court held that the deceased lacked testamentary capacity when signing the 6 January 2017 will, declared it invalid, and upheld the 22 October 2015 will.

• Testamentary Capacity
• Wills Act
• Burden Of Proof
• Invalidity Of Will
• Testamentary-capacity
• Will-validity