65.rtf - IN THE HIGH COURT OF SOUTH AFRICA KWAZULU-NATAL...

Info icon This preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon
IN THE HIGH COURT OF SOUTH AFRICA KWAZULU-NATAL LOCAL DIVISION, DURBAN CASE NO.: 8502/2015 In the matter between: CATHERINE LOUISE YOUNG Applicant and THE MASTER OF THE HIGH COURT, DURBAN First Respondent T R DE MONSE Second Respondent R W YOUNG Third Respondent YESHAAN NAIDOO Fourth Respondent S T CAMBIER Fifth Respondent K NEAL Sixth Respondent Coram: Jeffrey AJ Heard: 25 August 2015 Delivered: 28 August 2015
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Page 2 Summary: Will - Validity - Acceptance of document only existing in electronic format during deceased’s lifetime as a will - Requirements – Financial advisor drafting document sent as an e-mail attachment - Deceased not signing the same in hard-copy format – Evidence not establishing that the document was either drafted by the deceased or intended by him to be his last will - Wills Act 7 of 1953, s 2(3) _________________________________________________________ JUDGMENT _________________________________________________________ JEFFREY AJ: [1] This is an urgent application under s 2(3) of the Wills Act No 7 of 1953 (the Act) to have an unsigned document in electronic format attached to an e-mail declared to be the will of the late Arthur Ronald Halliday (the deceased) and for further ancillary relief. The applicant is the deceased’s widow. [2] The application is unopposed and the Master abides the decision of the Court. [3] The applicant and the deceased were married to each other out of community of property on 4 February 2013. [4] During early December 2013 the deceased was diagnosed with cancer. He was hospitalized and treated for
Image of page 2
Page 3 approximately 3 months at the Umhlanga Hospital. In early March 2015, however, medical opinion changed - it was considered that his earlier diagnosis had been incorrect and that he was actually suffering from acute myeloid leukaemia. The deceased died a few weeks later on 4 April 2015. [5] Some 4½ years before his death the deceased met Mr Nazar, a financial planner, and instructed him to attend to his insurance and financial matters, which he did. [6] During early 2014 the deceased instructed Mr Nazar to prepare an agreement between the deceased and his partner of their business called Samsung Business Solutions, Umhlanga. The partner is the fourth respondent. This proposed agreement was intended to provide for the succession of the business if either the deceased or the fourth respondent died. [7] At the same time the deceased and the fourth respondent requested Mr Nazar to draft their updated wills.
Image of page 3

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 4
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern