Buhle Baloyi, a 94-year-old retired judge, had been suffering from a prolonged respiratory infection from late 2018. In addition to this, he was diagnosed with rheumatoid arthritis and as a result, he spent most of his days in bed, as he was in severe physical pain. He was looked after by his wife, Daisy Baloyi (67 years old), who took care of his daily needs and assisted him with basic tasks such as eating and bathing. Buhle had had a will in place since 2001, in terms of which he bequeathed 50% of his estate to his wife, Daisy; 25% to his nieces and nephews; and the remaining 25% to various charitable organisations.

Buhle’s condition took a turn for the worst in August 2020. He was hospitalised and placed on strong medication. During Buhle’s time in hospital, he was befriended by a nurse, Pamela (25 years old). Pamela treated Buhle with utmost kindness and told Buhle that it is “an absolute honour to care for such a great public figure.” Pamela took it upon herself to read the newspaper to Buhle every morning and told him that it is a shame that his wife does not take the time to do these little things for him given the state of his health. Pamela told the nursing staff that she adds flowers next to his bedside every morning “to brighten up his day, and to win his heart, of course!”

Buhle sadly died on 16 August 2020. A handwritten piece of paper with the following words on it was found in the drawer next to his hospital bed:

“I hereby revoke all previous wills and leave everything to my sweet Pamela.”

It was signed by Buhle with his initials as well as by Pamela and two other nurses.

You are an attorney at ERF Attorneys. Daisy consults with you on 19 August 2020, and states that she seeks to challenge the validity of Buhle’s new will.

On what grounds can Daisy challenge the validity of this will?

Tina asked her daughter-in-law, Lindiwe, to write out a will for her. Lindiwe was married to Tina’s son, Ben. Tina dictated the will and Lindiwe wrote the will in her own handwriting. In the will, Tina bequeathed R10 000 to Lindiwe and R10 000 to Ben. Furthermore, she bequeathed her house to her son, Shorty, and all her personal belongings to her daughter, Dina. Fanie, a friend of the family, was nominated as the executor of Tina’s estate. Tina signed the will. Dina’s husband, Hector, and Fanie signed the will as witnesses.

Which of the beneficiaries of the will are disqualified to take a benefit under the will in terms of sections 4A(1) and 4A(3) of the Wills Act 7 of 1953?

Tom, who died intestate in October 2020, was married in community of property to Wendy. They had four children, Ayanda, Bongani, Carla (adopted) and Dumi. Ayanda had 3 daughters, Eve, Fiona and Tara. Eve died in 2015. Carla, who died in 2010, was survived by her son, Siya. Tom and Wendy’s joint estate was worth R 1 600 000.

How will Tom’s estate devolve?