n South African Law Journal - Can section 2(3) of the Wills Act 7 of 1953 properly be applied to a mere instruction to draft a will? Mabika v Mabika : note
|Article Title||Can section 2(3) of the Wills Act 7 of 1953 properly be applied to a mere instruction to draft a will? Mabika v Mabika : note|
|© Publisher:||Juta Law Publishing|
|Journal||South African Law Journal|
|Affiliations||1 University of KwaZulu-Natal|
|Publication Date||Jan 2013|
|Pages||244 - 260|
This note concerns one aspect of the judgment in Mabika & others v Mabika & another, coram Moshidi J, in particular the granting of an order in terms of s 2(3) of the Wills Act 7 of 1953 (as amended). (A version of the judgment appears on SAFL 11 at  ZAGPJHC 109, but this version is different in some repeats to the original judgment on file with the author. The references in this note are to the full original judgment in Case no 2011/10308, GSJ, 8 September 2011.) Section 2(3) is the provision that empowers a court to give legal efficacy to a will even though it does not comply with the formalities prescribed for the execution of wills and would otherwise be null and void. The other aspects of the judgment, relating to orders for the forfeiture of certain property interests and the custody and guardianship of a minor child, are beyond the scope of this note.
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