Wanda was a successful businesswoman who owned a house and several other assets. She was married to Steven, who is currently unemployed. They had two daughters, Bea and Carla. Wanda was diagnosed with cancer and shortly thereafter she approached ABC Trust and Wills to draw up a will for her.

She completed a form with the heading, “Instructions to draft a will” and indicated on the form that her estate must go to her daughters. After this visit to the trust company, her health deteriorated suddenly. She died two weeks later without having completed any further documents.

The legal position is as follows:

Question

Wanda was a successful businesswoman who owned a house and several other assets. She was married to Steven, who is currently unemployed. They had two daughters, Bea and Carla. Wanda was diagnosed with cancer and shortly thereafter she approached ABC Trust and Wills to draw up a will for her. 
 
 She completed a form with the heading, “Instructions to draft a will” and indicated on the form that her estate must go to her daughters. After this visit to the trust company, her health deteriorated suddenly. She died two weeks later without having completed any further documents. 
 
 The legal position is as follows:

Answer

The form that she filled in at ABC Trust and Wills is a valid will because it contains her intention about the division of her estate.

Answer

The form that she filled in at ABC Trust is not a valid will as it only contains instructions to draw up a will, but it can be condoned in terms of section 2(3) of the Wills Act 7 of 1953 because she personally drafted the instructions.

Answer

The form that she filled in at ABC Trust is not a valid will as it only contains instructions to draw up a will, but it can be condoned in terms of section 2(3) of the Wills Act 7 of 1953 because she had signed it.

Answer

The form that she filled in at ABC Trust is not a valid will as it only contains instructions to draw up a will and as such it cannot be condoned in terms of section 2(3) of the Wills Act 7 of 1953 because it was not her intention that it should be her will.

Crowdly

Wanda was a successful businesswoman who owned a house and several other assets....

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