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Court case on section 2(3) of the Wills Act – Estate Late Elaine Ilsia Williams and Others v Hendricks and Another [2021] ZAWCHC 66

Estate Late Elaine Ilsia Williams and Others v Hendricks and Another [2021] ZAWCHC 66

The deceased filled out and signed a “Will Application” the day before her death, instructing N Trust to draft a will for her. The application sets out, in some detail, that her half of the joint estate was to devolve upon her son, to be held in trust until he reaches the age of 21 years. The application was brought in name of the deceased’s estate as first applicant, with several of her close family as second to fifth applicants. Her surviving spouse is the first respondent and also the executor of her deceased estate. He was, however, cited in his personal capacity.

The court (Binns-Ward J) held that there was no evidence that the deceased intended the will application to be anything other than an application for a proper will to be drafted. Therefore the applicants failed to prove the requirement that the deceased intended the document to be her last will and testament, as required by section 2(3) of the Wills Act, 7 of 1953.

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