Jeffrey v the Master and Others

• Jurisdiction: South Africa
• Judge: Page J
• Judgment Date: 16 July 1990
• Citation: 1990 (4) SA 759 (N)
• Hearing Date: 16 July 1990
• Court: Natal Provincial Division

Page J:

This application concerns the validity of a will executed by one Kuppamma on 5 December 1985. The testatrix was illiterate and executed the will by placing her right thumb print on each page thereof in the presence of two witnesses who also signed in her presence. One of the E witnesses, in addition, signed on each page of the will a certificate reading as follows:

'I, Ronnie Naidoo, do hereby certify that I have satisfied myself as to the identity of the testatrix and the will so signed is the will of the testatrix Kuppamma.' F

This statement is followed by the signature of Mr Naidoo and a stamp reading:

'Ronnie Naidoo, practising attorney, Republic of SA and SWA, Shop 29, Natraj Centre, Bombay Walk, Merebank.'

The will appointed the applicant the executor and sole heir of the G testatrix. The testatrix died on 3 January 1986 and the will was submitted for acceptance to the Master by Mr Naidoo on behalf of the applicant some time later. The Master refused to accept the will on the ground that it did not comply with the requirements of s 2(1)(a)(v) of the Wills Act 7 of 1953. That provision lays down that:

H 'Subject to the provisions of ss 3 and 3bis -

(a)

no will executed on or after the first day of January 1954 shall be valid unless -

...

(v)

if the will is signed by the testator by the making of a mark or by some other person in the presence and by the direction I of the testator, a magistrate, justice of the peace, commissioner of oaths or notary public certifies at the end thereof that he has satisfied himself as to the identity of the testator and that the will so signed is the will of the testator and if the will consists of more than one page, each page other than the page on which it ends, is also signed, anywhere on the page, by the magistrate, justice of the peace, commissioner of oaths or notary public who so J certifies.'

Page J

A The refusal by the Master to accept the will elicited a somewhat menacing response from Mr Naidoo who, with unconscious humour, accused the Master of 'splitting heirs'. The Master remained unmoved, however, and the present application is the result. In it the applicant seeks an order:

'1

That the Master of the Supreme Court, Pietermaritzburg, be and is B hereby directed to accept the will of the late Kuppamma dated 5 December 1985, which is in the possession of the Master, as a valid testamentary disposition.

2

That any of the second to...