Levin v Levin

The case concerned the validity of a will allegedly executed on 4 August 2002 by the late Mrs Minnie ‘Minna’ Breslawsky, who died in October 2002 aged 107. The disputed will was prepared by the second respondent, an attorney, Mr Norman Miller, and nominated him together with two family members as co-executors. The will redistributed the deceased’s South African estate more evenly among her descendants than her earlier wills of 1999 and 2001, which had favoured certain family members, including the appellants’ mother. The appellants, who were grandchildren of the deceased, challenged the disputed will on the grounds that (a) the signature was not that of the deceased, alternatively (b) that the will was not signed in compliance with the formalities required by s 2(1)(a) of the Wills Act 7 of 1953, particularly the presence and attestation by two witnesses. The High Court dismissed the challenge, finding that the appellants had not discharged the onus of proving invalidity. The appellants appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel.

The case is significant for reaffirming strict but practical application of the formalities for the execution of wills under s 2(1)(a) of the Wills Act. It confirms that direct evidence of due execution by attesting witnesses will generally outweigh handwriting expert evidence, especially where the latter is speculative or based on incomplete information. The judgment also clarifies that costs in will disputes are not automatically borne by the estate, particularly where litigation is ill-conceived or unreasonably pursued.