n South African Law Journal - Revival of a lost or destroyed will : notes




The question whether a testator can revive a previously revoked will without actually re-executing it - an issue that has long been moot - was answered in the affirmative by the Supreme Court of Appeal in [2007] SCA 17 (RSA) (coram Brand JA, Van Heerden JA & Combrinck JA, in which Brand JA delivered the unanimous judgment of the bench). In this case the SCA held that revival takes place when the testator duly executes a new will or codicil that records his or her intention to revive a previously lapsed or revoked will that was itself duly executed when it was made (see para 22).


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