n Tydskrif vir die Suid-Afrikaanse Reg - Van tikmasjien tot rekenaar : 'n ondersoek na die ontwikkeling van die Suid-Afrikaanse erfreg in die tegnologiese era

Volume 2005, Issue 4
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



The implications of the decision in 2002 5 SA 64 (O) are discussed in this article. Section 2(3) of the Wills Act 7 of 1953 (as amended) was applied in circumstances where a document existed only on the computer of the deceased. In the article, the meanings of the words "all", "writing" and "document" are discussed in the context of section 2(3). It is recommended that the words "all" and "document" should be interpreted more liberally. This would be in accordance with technological developments and would ensure that the true intention of the testator is not frustrated.

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