Grobler v Master of the High Court and Others

The appellant, Paula Grobler, was the widow of the late Leon Peter Grobler. Before his death on 26 December 2015, the deceased had a validly executed will from 1996, predating his marriage to the appellant. From January 2013 to August 2014, the deceased engaged a financial advisor, Mr Stander, to prepare a new will, and actively corresponded about proposed dispositions of his estate, particularly concerning immovable property and the appellant’s rights. A draft will, amended several times, was sent to the deceased and the appellant on 17 December 2014 for consideration and further comment. The draft was never signed. After the deceased’s death, the appellant sought an order declaring the unsigned draft will to be the deceased’s last will and testament under s 2(3) of the Wills Act 7 of 1953, and for her appointment as executrix. The Gauteng Division dismissed the application, finding that the requirements of s 2(3) were not met.

The appeal was dismissed with costs, and the unsigned draft will was not accepted as the deceased’s last will and testament.

The case reaffirms the strict interpretation of section 2(3) of the Wills Act and underscores that courts will not lightly validate unsigned or informal testamentary documents. It clarifies that active involvement in discussions or instructions for drafting a will does not equate to drafting or executing the will for purposes of condonation. The judgment also confirms the continued relevance of established precedent, such as Bekker v Naude, despite technological advances in electronic communication.