n a recent 2021 South African case of Williams vs Hendricks, the High Court had an opportunity to interpret the provisions of the Wills Act which allows for a Court to order the Master of the Court to accept a document as the Deceased's last Will, despite the document not complying fully with the formalities set out in the Wills Act.
In this case, it seems that instructions to draft a Will were not accepted as being the Deceased's last wishes, more so because, amongst other things, the document was prefaced by the wording; "these instructions should not be construed as a valid Will".
In other cases, however, the facts of the matter may lead to the acceptance of the document as being the Deceased's last wishes.
Please consult an Attorney for a more in depth analysis of your particular problem.
Ismail Ayob and Partners practice in Deceased Estates and can assist.
Ismail Ayob and Partners practice in Deceased Estates and can assist.