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South Africa decisions
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I.L.L v L.V.H (3700/2023) [2024] ZAECQBHC 52 (3 September 2024)
The High Court held that a R4.7 million payment used to buy property was an inter vivos donation, not a donatio mortis causa. The application for repayment was dismissed with costs.
Thirion v Die Meester en Andere (4462/00) [2001] ZAGPPHC 1; - (19 March 2001)
The court found that the document dated 27 November 1996 was drafted and signed by the deceased, Willem Petrus Jacobs, with the clear intention that it should serve as his last will and testament. Although the document did not comply with the formal requirements of section 2(1) of the Wills Act, section 2(3) empowers the court to accept such a document as a valid will if the intention is proven. The evidence showed that the deceased was not suffering from any mental incapacity, nor was there sufficient proof of undue influence by the applicant. The deceased's actions were consistent with his…
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