Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
The Court’s power to condone a document in terms of section 2(3) and section 2A of the Wills Act 7 of 1953 : a comparative analysis and recommendations
Dissertation (LLM)--University of Pretoria, 2012.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Published: |
University of Pretoria
2013
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613517433012224 |
|---|---|
| access_status_str | Open Access |
| author2 | Van der Linde, Anton |
| author_browse | Van der Linde, Anton |
| author_facet | Van der Linde, Anton |
| collection | Thesis |
| dc_rights_str_mv | © 2012 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria |
| description | Dissertation (LLM)--University of Pretoria, 2012. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/26582 |
| institution | University of Pretoria (South Africa) |
| last_indexed | 2026-06-10T12:37:24.530Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2013 |
| publishDateRange | 2013 |
| publishDateSort | 2013 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/26582 The Court’s power to condone a document in terms of section 2(3) and section 2A of the Wills Act 7 of 1953 : a comparative analysis and recommendations Van der Linde, Anton tafdon@yahoo.com Banda, Tafadzwa Jairos Alfred Legislature South africa Wills act 7 of 1953 UCTD Dissertation (LLM)--University of Pretoria, 2012. Sections 2(3) and 2A of the Wills Act of 1953 were incorporated into the Wills Act in 1992. The purpose of the two sections was to give the court power to condone a document that did not comply with the formalities for making a will and to empower a court to condone a legally ineffective attempt by a testator to revoke his or her will. By introducing section 2(3) and 2A of the Wills Act, the Legislature intended to eliminate the injustice and inequities which frequently resulted from non-compliance with legal requirements. However, after the implementation of the two sections, problems arose with regard to the interpretation and application thereof. This dissertation identifies and analyses the sections to show the current issues which have been discussed in case law and writings by scholars. They are as follows: <ul> (a) Meaning of the word “document” in section 2(3). (b) Meaning of “drafted” by a person who has died since the……drafting thereof. (c) Meaning of “executed” by a person who has died since the….. execution thereof. (d) Should there already be partial compliance with some of the formalities? (e) How does the court conclude that the deceased intended the document to be his will? (f) When must the intention be present? (g) Is a subsequent change in intention (even though it was present at time of making a document) relevant? (h) Interpretation of section 2A. (i) Interaction between section 2(3) and 2A. </ul> Comparing and analysing section 2(3) with a similar provision in Canada and Australia, gives an insight into the problems they encounter and measures that are implemented to achieve the purpose of the provision. Finally, this dissertation will make recommendations regarding the possible alternative wording of the relevant section(s). Private Law unrestricted 2013-09-07T06:39:49Z 2013-07-29 2013-09-07T06:39:49Z 2013-04-18 2012 2013-07-23 Dissertation Banda, TJA 2012, The Court’s power to condone a document in terms of section 2(3) and section 2A of the Wills Act 7 of 1953 : a comparative analysis and recommendations, LLM dissertation, University of Pretoria, Pretoria, viewed yymmdd < http://hdl.handle.net/2263/26582 > F13/4/597/gm http://hdl.handle.net/2263/26582 http://upetd.up.ac.za/thesis/available/etd-07232013-123447/ © 2012 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria application/pdf University of Pretoria |
| spellingShingle | Legislature South africa Wills act 7 of 1953 UCTD The Court’s power to condone a document in terms of section 2(3) and section 2A of the Wills Act 7 of 1953 : a comparative analysis and recommendations |
| title | The Court’s power to condone a document in terms of section 2(3) and section 2A of the Wills Act 7 of 1953 : a comparative analysis and recommendations |
| title_full | The Court’s power to condone a document in terms of section 2(3) and section 2A of the Wills Act 7 of 1953 : a comparative analysis and recommendations |
| title_fullStr | The Court’s power to condone a document in terms of section 2(3) and section 2A of the Wills Act 7 of 1953 : a comparative analysis and recommendations |
| title_full_unstemmed | The Court’s power to condone a document in terms of section 2(3) and section 2A of the Wills Act 7 of 1953 : a comparative analysis and recommendations |
| title_short | The Court’s power to condone a document in terms of section 2(3) and section 2A of the Wills Act 7 of 1953 : a comparative analysis and recommendations |
| title_sort | court s power to condone a document in terms of section 2 3 and section 2a of the wills act 7 of 1953 a comparative analysis and recommendations |
| topic | Legislature South africa Wills act 7 of 1953 UCTD |
| url | http://hdl.handle.net/2263/26582 http://upetd.up.ac.za/thesis/available/etd-07232013-123447/ |