oa De Rebus - The will that could haunt you
|Article Title||The will that could haunt you|
|© Publisher:||Law Society of South Africa|
|Affiliations||1 Walkers Inc, Cape Town.|
|Publication Date||Sep 2003|
|Pages||16 - 19|
|Keyword(s)||Condonation powers to the court, South African Law Commission and Will|
On the recommendation of the South African Law Commission the legislature enacted s 2(3), which grants condonation powers to the court in specific circumstances: 'If a court is satisfied that a document ... drafted or executed by a person who has died since the drafting or execution thereof, was intended to be his will ... the court shall order the Master to accept that document ... for the purposes of the Administration of Estates Act [66 of 1965], as a will, although it does not comply with all the formalities for the execution or amendment of wills referred to in subsection (1).'
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