Posted on

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.