oa De Rebus - The will that could haunt you

Volume 2003, Issue 426
  • ISSN : 0250-0329



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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