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Pillay v Master of High Court, Durban and Another [2017] ZAKZDHC 20

In this case, the testatrix executed a will by affixing her thumb print to each page of the document.  A Commissioner of Oaths, as well as two witnesses, signed each page as required by sec 2(1)(a)(v) of the Wills Act, 7 of 1953.  The commissioner, however, did not affix a certificate to the will stating that he has satisfied himself as to the identity of the testatrix and that she intended the document to be her will as required by the sub-section.

After the Master rejected the document, the Commissioner did affix the certificate.  The Master again refused to accept the document as a will because the relevant subsection requires the certificate to be affixed “as soon as possible after the will has been so signed.”

The court, applying section 2(3) of the Wills Act, declared the document a valid will and ordered the Master to accept it as such.  Click here to read the full judgement.

One thought on “Pillay v Master of High Court, Durban and Another [2017] ZAKZDHC 20

  1. In Namibia the accomodating provisions of Sec 2(3) have not been introduced and strict compliance with the requirements of the act is still required.
    In the judgement AFRIKANER VS THE MASTER OF THE HIGH COURT OF NAMIBIA (A330/2011) (2013)NAHCMD 224 (29 JULY2013) the court held that the certificate ito Sec 2(1)(a) of Act 7of 1953, which appeared only on the last page of the will must also appear on all remaining pages of the will and cannot be appended by the notary after the death of the testator.

    Adrie van der Merwe
    Fisher Quarmby& Pfeifer Attorneys

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