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1995
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[1995] ZASCA 100
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Bennett v Master of the Supreme Court (266/94) [1995] ZASCA 100 (18 September 1995)
Case No 266/94
/MC
IN THE SUPREME COURT OF SOUTH AFRICA (APPELLATE DIVISION)
In the matter between
JACQUELINE COLLEEN BENNETT APPELLANT
and
THE MASTER OF
THE SUPREME COURT FIRST RESPONDENT
CHARLES CURTIS RUBEN DE VOS SECOND RESPONDENT
CORAM: JOUBERT, HEFER, VIVIER, F H GROSSKOPF
JJA et VAN COLLER AJA.
HEARD: 18 September 1995
DELIVERED: 18 September 1995
TRANSCRIPT OF REASONS GIVEN ORALLY IN OPEN COURT ON 18 SEPTEMBER 1995 BY
VIVIER JA WITH WHICH JOUBERT JA HEFER JA F H GROSSKOPF JA
et VAN COLLER AJA
AGREED.
2
VIVIER JA:
The appellant in this matter brought an application in the Eastern Cape
Division for an order declaring that a certain document which
does not comply
with the formalities for the execution of wills as set out in the
Wills Act 7 of
1953
("the
Act"), as
amended, should be accepted as a will by the Master in
terms of
sec 2(3)
of the
Act. The
application was dismissed by the Court a quo
which granted the appellant leave to appeal to this Court.
The document in
question is headed "Request to draft a will" and was clearly intended to be no
more than a request to a certain financial
institution to draft a will. It
contains detailed instructions for the drafting of the proposed will, but was
clearly not intended
to be a will itself, as is required by
sec 2(3)
of the
Act.
This
much was conceded by counsel for the appellant.
3
The Court a quo was correct to dismiss the application on this ground alone
and it is accordingly not necessary to consider the other
matters raised in the
heads of argument of counsel for the appellant.
Appellant's counsel asked
that the costs of the appeal be ordered to come out of the estate in the event
of the appeal being dismissed.
I can see no good reason for depriving the second
respondent of his costs of appeal.
The appeal is dismissed with costs.
W. VIVIER JA.
Joubert JA)
Hefer JA)
F H Grosskopf JA)
Van Coller AJA)
Concurred.