Judicial Precedent

Bekker, Elizabeth Christina v Naude, Mildred and Others

CitationNot available from the judgment text (the official South African Law Reports citation of the SCA decision is not stated in the text)

JurisdictionZA

Area of Law

Law of SuccessionWills and TestamentsStatutory Interpretation

Facts of the Case

The deceased, Mr Louwrens Bekker, was previously married to the first respondent, with whom he executed a joint will. After their divorce, he married the appellant in 1990. In October 1993, the deceased and the appellant approached ABSA Bank to have a joint will prepared. They gave oral instructions to a bank employee, who made notes and sent them to ABSA’s head office. Bank officials then drafted a standard-form will, which was sent to the deceased and the appellant for signature. The document was never signed. The deceased died on 10 May 1998. The appellant later brought an action under section 2(3) of the Wills Act 7 of 1953, seeking an order that the unsigned draft be accepted as the deceased’s will.

Judicial Outcome

The appeal was dismissed with costs, and the order of the court a quo refusing to condone the draft document as a will was upheld.

Legal Significance

This decision authoritatively resolved conflicting High Court judgments on the interpretation of section 2(3) of the Wills Act. It established a restrictive approach to the court’s condonation power, reinforcing the importance of personal involvement by the testator in drafting a will and limiting the scope of informal testamentary documents that may be condoned.