Many family conflicts arise, not because of the size of an estate, but because of uncertainty and inadequate estate planning. Courts are frequently asked to resolve disputes that could have been avoided by way of a valid Last Will & Testament, which requires concise estate planning and regular reviews to ensure that the wishes of the Testator are met.
Recent inheritance cases such as Mohanoe and Others v Master of the High Court, Johannesburg and Others (017606/2023) ZAGPJHC 155 [2024] and Perumal v Janse van Rensburg NO and Others ZAGPPHC 145 [2025] show how quickly unclear or incomplete wills can place families in conflict.
In Mohanoe, two wills were discovered after the deceased’s death: one typed and one handwritten. Both were undated and both were rejected by the Master because they had not been signed by witnesses. The difference between them was significant. The typed will gave the deceased’s spouse a usufruct over the immovable property, while the handwritten version appeared to give her ownership of the property outright.
The applicants asked the court, under section 2(3) of the Wills Act, to direct the Master to accept the typed will as the deceased’s final will. Although section 2(3) gives a court the power to rescue a document the court must still be satisfied that the document was made by the deceased and intended to be their will. The respondents opposed the application and brought a counter-application asking for the handwritten will to be accepted instead. The court had to decide whether either defective document could safely be treated as the deceased’s true final intention. The court dismissed both the main application and the counter-application. In other words, neither will was accepted.
By contrast, in Perumal v Janse van Rensburg NO and Others, the North Gauteng High Court accepted an unsigned amended electronic will. The deceased had made amendments on his laptop and sent the document to his nominated executor to finalise. Before his death, he followed up about the amended will, which supported the conclusion that he still intended the document to reflect his final wishes. The court was satisfied that the requirements of section 2(3) were met and ordered the Master to accept the unsigned document for estate administration purposes.
Mohanoe also highlights the importance of appointing the right executor. The court was concerned about the conduct and impartiality of the executrix and granted relief removing her from that position. The executor gathers assets, deals with creditors, communicates with heirs, accounts to the Master and makes decisions that affect everyone involved. If that person appears conflicted or unable to act impartially, confidence in the administration of the estate can quickly break down. For this reason, we often recommend appointing an external executor to help reduce the likelihood of perceived bias.
The contrast between Mohanoe and Perumal is important. In one case, the court refused to choose between conflicting, defective wills, and in the other, it accepted an unsigned electronic document because the evidence of intention was clear. The broader message is that families should not have to rely on litigation to determine a loved one’s wishes.
For clients, the practical lesson is simple: a will should not be treated as a once-off document or an informal note. It should also be reviewed after major life events such as marriage, divorce, the birth of children, the purchase or sale of property, the start or sale of a business, or a change in family relationships. Regular estate-planning reviews, properly executed wills and the appointment of an independent executor can reduce uncertainty, protect relationships and help ensure that an estate is administered according to the deceased’s true intentions.
Should you require any assistance with your Will or deceased estate please contact our Estates and Wills department.
Melvinito Miggel
Candidate Attorney
This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE).