When a Will’s Signature Is Challenged: The Visser Case

The case of Visser NO v Visser NO and Others (11450/2020 & 1340/2020) highlights the importance of having a properly executed Last Will and Testament and the disputes that can arise when the validity and authenticity of a testator’s signature is later challenged.

Background

This case arose from a dispute concerning the validity of the deceased’s, Last Will and Testament. Following his death, a Will dated 11 December 2017 was presented to the Master of the High Court. Several family members challenged the validity of the Will, alleging that the signature which appeared on the document was not that of the deceased.

Along with the Will dated 11 December 2017, the deceased had a previously signed a Will, dated 29 September 2011.

The family members approached the court for an order declaring:

1. The Will dated 11 December 2017 be invalid and unenforceable as it did not contain the deceased’s genuine signature;

2. The Will dated 29 September 2011, be declared as the valid Will for the purpose of administrating the deceased’s estate.

The courts determined the authenticity of the deceased signature by comparing the disputed signature with known signatures, assessing witnesses’ evidence and considering evidence presented by a forensic document examiner.

Court’s Findings

The court found that the signature on the Will dated 11 December 2017 was not the deceased’s authentic signature. The Will was subsequently declared null and void. The Will dated 29 September 2011 remained the operative Will for the purpose of administrating the deceased’s estate.

Key takeaways from the Visser case:

1. A Will must be properly executed

2. The authenticity of a signature can be challenged

3. An invalid Will does not necessarily result in intestate succession  

4. Certain formal defects may be condoned by a court

Conclusion

This case serves as a reminder that preparing a Will is not simply about putting your wishes on a paper. The Will must also be properly executed and capable of being relied upon after your death.

At Snymans Legacy Services, we understand that estate planning is about more than just preparing a Will. It is about protecting what matters to you and the people you leave behind.

Contact Snymans Legacy Services today to arrange a consultation to review or prepare your Will.

Written by: Caylee van der Bergh
Moderated and approved by: Rohula Kgabu-Mnyayi

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