Condonation of Wills
S2(3) Of the WA
Section 2(3) of WA
States that if the court is satisfied that a document or the amendment of a document is drafted or executed by a person who has since died after the drafting or execution thereof, was intended to be his will or an amendment of his will, the court shall order the Master to accept such a document as will even though it does not comply with all the requirments set out in S2(1)(a)
Condonation process is done on..
What is the aim of S2(3)
When can a will be condoned?
No condonation for...
What are the three requirements that must be satisfied before a will can be condoned?
Condonation of oral wills?
Not possible as the first requirement for condonation is that it must be a written will.
What can satisfy the written document requirement and be considered a document
email letter, computer file, whatsapp msg, diary entry
Two types of documents taht can be condoned.
What type of document cannot be condoned?
Document drafted/executed by someone else and does not comply with any formalities.
Macdonald v The Master
Computer file constitutes a document, will can be condoned.
Second requirement for condonation
What can be condoned for the second requirement?
Bekker v Naude
If someone else drafted the will on behalf of T there must be partial complience with formalities otherwise it cannot be condoned.
When is a will partially executed?
What is the third requirement for condonation