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South Africa decisions
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Mokgoro and Others v Master of the High Court, Kimberley and Others (09/2025) [2025] ZANCHC 60 (1 August 2025)
The High Court held that a will emailed with electronic signatures could be accepted under section 2(3) of the Wills Act because the deceased’s intention was clear.
Perumal v Janse Van Rensburg N.O and Others (081849/2023) [2025] ZAGPPHC 145 (18 February 2025)
The High Court held that an unsigned amended will met section 2(3) of the Wills Act because the deceased clearly intended it to be his final will.
K.M v Master of the High Court: Free State, Bloemfontein and Others (592/2024) [2025] ZAFSHC 22 (28 January 2025)
The High Court dismissed an application to have an unsigned 2018 draft declared the deceased’s will under section 2(3) of the Wills Act, finding no proof of testamentary intent.
Jagers v Pienaar and Others (4108/2023) [2025] ZAECMKHC 3 (23 January 2025)
The High Court held that a handwritten “Will Questionnaire” satisfied section 2(3) of the Wills Act and must be accepted as the deceased’s will.
F.Z.M v S.M and Others (2995/2024) [2024] ZAFSHC 343 (31 October 2024)
The High Court ordered the Master to accept a disputed document as the deceased’s will under s 2(3) of the Wills Act, finding testamentary intent and capacity proved.
Mavuso v Master of the High Court and Another (4178/2023) [2024] ZAMPMHC 41 (13 August 2024)
The court found that the Will dated 16 February 2016 was executed by the deceased, as confirmed by affidavits from two witnesses. The absence of commissioner of oaths certification, required under section 2(1)(a)(v) of the Wills Act, was acknowledged, but the court held that section 2(3) allows condonation of such noncompliance if the document was intended to be the testator's Will. The court examined the contents and context of the Will and concluded that it reflected the deceased's intention to bequeath his estate to his grandson. The objections raised by the Second Respondent regarding the…
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Ungerer v Ungerer and Others (2083/2024) [2024] ZAECMKHC 90 (2 August 2024)
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…
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Giovaninoni v Kritznger N.O and Others (065931/2024) [2024] ZAGPPHC 651 (11 July 2024)
The court found that the applicant was in possession of the immovable property and storage facility, and her temporary absence did not negate her possession. The respondents unlawfully deprived her of access by instructing the managing agent to terminate her access without notice. The application was urgent due to the imminent sale of the property and the applicant's need for maintenance. The court held that joinder of other beneficiaries or creditors was unnecessary as no relief was sought against them. The second respondent's conduct in disbursing estate funds without the master's permissio…
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Masilo v Master Of The High Court, Johannesburg and Others (2021/35301) [2024] ZAGPJHC 491 (13 May 2024)
The High Court held that a two-page will signed only on the second page was valid under section 2(3) of the Wills Act because the deceased intended it as her last will.
Mohanoe and Others v Master of the High Court, Johannesburg and Others (017606-2023) [2024] ZAGPJHC 155 (19 February 2024)
The High Court refused to validate either of two unsigned-by-witnesses wills, but removed the conflicted executrix and ordered the Master to appoint a replacement.
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