The appellant and the deceased were long‑standing friends who agreed in 2007 that each would execute a will leaving his entire estate to the other. The deceased sent the appellant an email in July 2007 headed ‘TESTAMENT’, containing detailed testamentary provisions naming the appellant as sole heir and appointing an executor, but the document was never signed or witnessed. The appellant duly executed a reciprocal will in August 2007. The deceased died in April 2008 without having signed the emailed document. At the time of death, a prior formally valid will from 2004 existed, leaving the deceased’s estate to the Society for the Prevention of Cruelty to Animals (SPCA). The appellant applied to court under s 2(3) of the Wills Act 7 of 1953 to have the unsigned document declared the deceased’s will. The High Court dismissed the application on the basis that the absence of a signature was fatal.
The appeal was upheld. The High Court’s order was set aside and replaced with an order directing the Master of the High Court to accept the 2007 document as the will of the deceased for purposes of the Administration of Estates Act 66 of 1965.
The case confirms that the absence of a testator’s signature is not an absolute bar to a document being declared a valid will under s 2(3) of the Wills Act. It reinforces the purpose of s 2(3) as a remedial provision aimed at giving effect to genuine testamentary intention and clarifies that courts must grant relief once the statutory requirements are met.