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South Africa Case Law

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Civil Procedure [2023] ZANCHC 88

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)

The court rescinded an earlier order and accepted the deceased’s 19 June 2018 will as valid, finding the applicants’ evidence credible and the respondent’s version unreliable.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
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Family And Children [2022] ZAGPJHC 718

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)

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
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Civil Procedure [2020] ZAFSHC 43

Khalanyane v Khalanyane and Others (1507/2018)

Khalanyane v Khalanyane and Others (1507/2018) [2020] ZAFSHC 43 (5 March 2020)

The High Court declared a contested will null and void after finding the signature was forged and unchallenged expert evidence supported the attack on validity.

  • Wills Act Compliance
  • Forgery Of Will
  • Burden Of Proof
  • Expert Evidence
  • Estate Administration
  • Forgery-of-will
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Civil Procedure [2018] ZAFSHC 33

Hamilton and Another v Badenhorst and Others (5348/2017)

Hamilton and Another v Badenhorst and Others (5348/2017) [2018] ZAFSHC 33 (29 March 2018)

The court dismissed an application to validate and register a draft inter vivos trust, holding that no valid trust agreement existed and the bequest could not be enforced.

  • Trust Creation
  • Testamentary Disposition
  • Capacity To Contract
  • Wills Act Compliance
  • Beneficiary Existence
  • Trust-creation
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Civil Procedure [2017] ZAECPEHC 21

Assumption and Another v Reid and Others (3328/2015)

Assumption and Another v Reid and Others (3328/2015) [2017] ZAECPEHC 21 (22 February 2017)

The High Court found the deceased lacked testamentary capacity when signing the 2009 will, so it was invalid and the earlier will remained in force.

  • Wills Act Compliance
  • Testamentary Capacity
  • Revocation Of Will
  • Transfer Of Property
  • Wills-act-compliance
  • Testamentary-capacity
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Family And Children [2015] ZAECELLC 12

Herman and Others v Wiggill and Others (EL961/2013; ECD2161/13)

Herman and Others v Wiggill and Others (EL961/2013; ECD2161/13) [2015] ZAECELLC 12 (18 September 2015)

The High Court held that the plaintiffs failed to prove the deceased lacked testamentary capacity or was unduly influenced when signing the second will.

  • Testamentary Capacity
  • Wills Act Compliance
  • Undue Influence
  • Administration Of Estates
  • Burden Of Proof
  • Revocation Of Will
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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.