Validity of Wills by Elderly Testators: Capacity and Onus

The case of Genlloud v Van Der Merwe NO, Registrar of Deeds and Others ¹ highlights critical legal principles regarding the validity of wills made by elderly testators, particularly focusing on testamentary capacity and the onus of proof.

Background

In this case, the plaintiffs sought to invalidate the wills and codicils of the late testators (herein after J & L), arguing that the testators lacked the necessary testamentary capacity at the time of execution. The plaintiffs contended that the wills did not reflect the true intentions of the deceased and were influenced by external pressures.

Testamentary Capacity

Testamentary capacity refers to the mental ability of a person to make a valid will. The court emphasised that for a will to be valid, the testator must understand the nature and effect of his action, the extent of the property being disposed of, and the claims of those who might expect to benefit from the will. In this case, the court examined medical records, witness testimonies, and the circumstances surrounding the execution of the wills to determine the mental state of the testators which specifically did not take speculations into consideration.

Onus of Proof

The onus of proving testamentary capacity lies with the party asserting the validity of the will. In Genlloud v Van Der Merwe NO, the defendants had to demonstrate that J & L were of sound mind when they executed their wills. The court found that the evidence presented by the defendants was sufficient to establish that the testators had the requisite capacity.

Honouring the Deceased’s Wishes

A significant aspect of this case was the court’s recognition that the wishes of the deceased must be honoured, even if they disappoint family members. The court reiterated that the primary function of a will is to give effect to the testator’s intentions. If the will is validly executed and the testator had the necessary capacity, the court is bound to uphold the will, regardless of familial disputes or dissatisfaction.

In addition to testamentary capacity and the onus of proof, the case of Genlloud v Van Der Merwe NO, Registrar of Deeds and Others also discussed several other legal principles including and not limited to the

Intestate Succession: The plaintiffs sought to have the wills declared invalid, which would result in the estates being distributed according to the laws of intestate succession. This principle ensures that the property of a deceased person who dies without a valid will is distributed according to a predetermined legal framework.

Validity of Codicils: The case also examined the validity of codicils, which are documents that amend, rather than replace, a previously executed will. The plaintiffs argued that the codicils were invalid due to the testators’ lack of testamentary capacity.

Influence and Pressure: The court considered whether the testators were subjected to undue influence or pressure when making their wills. This principle is crucial in determining whether the will truly reflects the testator’s intentions or if it was influenced by external factors.

Cradlestone Agreement: The plaintiffs sought to set aside the Cradlestone Agreement, which was an arrangement made by the testator. The court had to determine whether this agreement was valid and whether it should be upheld or invalidated. These principles collectively highlight the complexities involved in will disputes, especially when dealing with elderly testators and potential influences on their decision-making processes.

Conclusion

The Genlloud v Van Der Merwe NO case underlines the importance of testamentary capacity and the onus of proof in disputes over the validity of wills. It also reaffirms the principle that the wishes of the deceased, as expressed in a valid will, must be respected and honoured, even if they cause disappointment among family members. This case serves as a reminder of the legal safeguards in place to ensure that the true intentions of testators are upheld.

Written by: Nqobile Magwaze
Moderated and approved by: Glenda Nell

¹ Genlloud v Van Der Merwe NO, Registrar of Deeds and Others 20 June 2024

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