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South Africa Case Law

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Family And Children [2024] ZAECMKHC 90

Ungerer v Ungerer and Others (2083/2024)

Ungerer v Ungerer and Others (2083/2024) [2024] ZAECMKHC 90 (2 August 2024)

Court
Eastern Cape High Court, Makhanda
Case number
2083/2024
Judges
Govindjee, Laing

The court found that the disputed 2022 Will was neither drafted nor executed by the deceased, but rather by Capital Legacy on instructions. There was no evidence that the deceased approved all contents or intended the unsigned document to be her final will. The applicant failed to provide a satisfactory explanation for the deceased's failure to sign the will during the eight months before her death. Section 2(3) of the Wills Act requires strict compliance: the document must be drafted or executed by the deceased and intended to be their will. As these requirements were not met, the court was…

Source excerpt

  • Wills Act Section 2 3
  • Validity Of Unsigned Will
  • Law Of Succession
  • Testamentary Intention
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Family And Children [2019] ZASCA 119

Grobler v Master of the High Court and Others (645/2018)

Grobler v Master of the High Court and Others (645/2018) [2019] ZASCA 119 (23 September 2019)

Court
Supreme Court of Appeal
Case number
645/2018
Judges
Maya, Leach, Dambuza, Mokgohloa, Plasket

The Supreme Court of Appeal held that the unsigned draft will was prepared and amended by the deceased's financial advisor, not by the deceased himself. There was no evidence that the deceased received, reviewed, or approved the final draft sent on 17 December 2014, nor any indication that he intended it to be his last will and testament. The requirements of section 2(3) of the Wills Act were not met, as the draft was not drafted or executed by the deceased, and there was insufficient proof of testamentary intention. The appeal was accordingly dismissed, and the existing signed will from 1996…

Source excerpt

  • Wills Act Section 2 3
  • Validity Of Unsigned Will
  • Testamentary Intention
  • Formalities Of Wills
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.