Moses v abinader any document in the nature of a

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Moses v Abinader: any document in the nature of a testamentary writing incorporated into a will by reference must itself satisfy the formal requirements for a valid will. Cases: Ex Parte Davies, Oosthuizen v Die Weesheer, Moses v Abinader. 3.2 Formalities when a testator signs his will with his own signature Signing of the will is a requirement for the validity of the will. Can be done in 3 ways: 1. The testator himself may sign the will with his signature. 2. The testator may also sign the will by making a mark. 3. Some other person may sign the will on behalf of the testator.
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3.2.1 Formalities where the testator himself signs the will with his signature 3.2.1.1 Witnesses 1. Must sign and attest the will in the presence of one another and the testator 2. Must be competent: a. must be 14 years or older b. must be competent to give evidence in a court of law c. must be able to write 3. Must be present at the same time 4. May not sign by making a mark 5. Are witnessing the testator’s signature, mark or initials, which the testator has signed or acknowledged in their presence, thus not necessary for a witness to know contents of will or the fact that they are witnessing a will ( Sterban v Dixon ). 3.2.1.2 One page will 3.2.1.2.1 Testator 1. Must sign at the end of the will 2. Testator must sign the will or acknowledge that it is his signature a. in the presence of two or more competent witnesses b. who are present at the same time 3. Need not sign in the presence of the witnesses, as long as he acknowledges in their presence that the signature on the will is his signature ( Bosch v Nel ). 3.2.1.2.2 Witnesses 1. Must sign the will 2. Do not have to sign at the end of the will 3.2.1.3 More than one page will 3.2.1.3.1 Testator 1. Must sign at the end of the wording on the last page 2. Must sign or acknowledge his signature on every preceding page 3. Must sign a. in the presence of two or more competent witnesses b. who are present at the same time. 4. May sign the pages preceding the last page anywhere on the page 5. Need not sign in the presence of the witnesses, as long as he acknowledges in their presence that the signature on the will is his signature ( Bosch v Nel ). 3.2.1.3.2 Witnesses 1. Must sign the will 2. Normally interpreted as having to sign the last page of the will 3. Need not sign the preceding pages 3.2.1.4 The attestation clause Normally inserted to expressly state that the will was signed by the testator in the presence of the witnesses and that the witnesses signed in the presence of one another and the testator. Not required by law and has evidential value only. 3.2.1.5 What constitutes a signature? Law of Succession Amendment Act states that “sign” includes the making of initials, and “signature” has a corresponding meaning. Means that a testator or a witness may now sign a will with initials only.
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  • Fall '17
  • Inheritance, person, commissioner, Intestacy, Testator

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