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Condonation Part 1.pptx - Condonation of Wills s2(3) of the...

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Condonation ofWillss2(3) of the WillsActTHE COURTS POWER TO DECLARE A WILL THAT DOESNOT COMPLY WITH THE FORMALITIES VALID
CondonationSection 2(3)of the Will Act reads;“If a court is satisfied thata documentor the amendment of a documentdrafted or executedby a person who has diedsince thedrafting or execution thereof, wasintendedto be his will or an amendment of his will, the court shall order the Master to acceptthe document, or that document as amended… as a will, although it does not comply with all the formalities for the execution oramendment of wills…”-Which court?-Aim?When will section 2(3) be applicable?: For the noncompliance ofs2(1)(a) (formalities) and s2(1)(b) (amendments)-NO CONDONATION OF TESTAMENTARY INCAPACITY. i.e. cannot condone a will executed by a person who had notestamentary capacity at time of execution.NB: sectionperemptory.S2(3) considered arescue provision
Condonation(1) FirstRequirement: there must be a written document-Condonation of oral wills not possible.

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Term
Fall
Professor
S van wyk
Tags
High Court, van der Merwe, Roelof van der Merwe

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