2024 Spies v smith 1957

Spies v smith 1957

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August undefined, 2024

http://www.saflii.org/za/journals/PER/2008/17.rtf WebJan 1, 2013 · Smith and subsequent academic commentaries provides strong support for the assertion that its role in South African law is prima facie to protect testamentary free …

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WebJan 26, 2024 · In the case of Spies v Smith 1957 (1) SA 539 (A) the deceased executed a second Will, revoking the first one he had made appointing the two daughters of his … WebSep 13, 2024 · The cases of Spies NO v Smith en Andere 1957 (1) SA 539 (A) and Katz and Another v Katz and Others (2004) 4 All SA 545 the Courts confirmed what undue influence is and is not. Lastly, testamentary capacity is also another acceptable ground to … cara membuat mesin snow wash

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WebSpies v Smith 1957 (1) SA 539 A - Testator was mentally handicapped Essop v Mustapha and Essop 1988 (4) SA 213 D - testator was extremely ill at the time of signing the will - could not be proven to be of unsound mind. Formalities writing, signing, drafting: Ex parte Davies 1957 (3) SA 471 (N) - what is a testamentary writing? WebSpies v Smith 1957 (1) SA 539 (A) and Kirsten v Bailey 1976 (4) SA 108 (K): Factors to consider when establishing undue influence: The mental state of the testator His ability to … WebHeads of Argument on Pillay v Nagan 2001(1) SA 410 (D). Having regard to the principles set out in Spies NO v Smith e.a. 1957(1) SA 539 (A) and Katz v Katz, supra, the Applicants … broadbridge heath leisure centre horsham

Spies v smith 1957 two arguments were taken up to

Spies v Smith - Wikipedia

WebSpies N.O. v Smith en Andere 1957 (1) SA 539 (A) 2. Witness to will and his spouse 3. Person who signed will on instruction of testator and his spouse 4. Person who wrote out the will 5. Incestuous child and parents. Common law exceptions: Testate succession 5. Unworthy person a. Beneficiary who encouraged testatrix to lead immoral life WebIn Spies v Smith, an important case in the South African law of succession, the testator was mentally retarded and epileptic, and had appointed the two daughters of his step-mother … cara membuat live streaming youtubeWebQUESTION 4 Explain the relevance of the case of Spies v Smith (1957 1 SA 539 (A)) in so far as it relates to volition (free choice) as a basic requirement for a valid will. [5] ANSWER 4 It dealt with the impact of undue influence on the volition/own free will of the testator (1). broadbridge heath care home

"WebSpies v Smith 1957 (1) SA 539 (A) _____ 23. Van Zyl v Van Zyl 1951 (3) SA 288 (A) _____ 24. Bekker v Naude 2003 (5) SA 173 (SCA) _____ 25. Bhe v Magistrate, Khayelitsha (Commission For Gender Equality as Amicus Curiae); Shibi v Sithole; South African Human Rights Commission v President of the Republic of South Africa 2005 (1) SA 580 (CC) _____ 26. " - Spies v smith 1957

Spies v smith 1957

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WebIn Spies v Smith, an important case in the South African law of succession, the testator was mentally retarded and epileptic, and had appointed the two daughters of his step-mother … WebSasfin (Pty) Ltd v Beukes 1989 1 SA 1 (A) Spies v Smith 1957 1 SA 539 (A) Standard Bank of SA Ltd v Wilkinson 1993 3 SA 822 (K) Weinerlein v Goch Buildings Ltd 1925 AD 282 . Wetgewing . Burgerlijk Wetboek 1 . Burgerlijk Wetboek 3 . Grondwet van die Republiek van Suid-Afrika, 1996 .

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In Spies v Smith, an important case in the South African law of succession, the testator was mentally retarded and epileptic, and had appointed the two daughters of his step-mother as his sole heirs. When the testator's father died, he went to live with his uncle. Thereafter, the testator made a new will appointing the sons of his uncle as his heirs. The testator's step-mother alleged that his uncle had unduly influenced him to pass this second … WebSpies v Smith 1957 1 SA 539 (A) Thirion v Meester van die Hooggeregshof [2002] 1 All SA 346 (T) Tregea v Godart 1939 AD 16 . Tshabalala v Tshabalala 1980 1 SA 134 (O) Webster v The Master 1996 1 SA 34 (D) Williams, Ex parte: In re Williams’ Estate 2000 4 SA 168 (T) Downloads PDF XML epub ...

WebIn Ex Parte Davies 1957 (3) SA 47 (N) the court decided that a testamentary writing is a document which defines any one of the three essential elements of a bequest: (a) The property bequeathed (b) The extent of the interest bequeathed (c) The beneficiaries In Moses v Abinader 1951 (4) SA 537 (A) it was stated that any document in the WebSpies v Smith. Mental capacity to draft will 1. Nature of testamentary act understand? 2. Distinguish between heirs? 3. Understand nature value and extent of assets Also undue influence 1. Mental state of test 2. Ability to resist influence 3. Relationship bet 4. Period between draft and death

WebSA Spice Works v Spies 1957 (1) SA 679 (T): Facts: The matter concerns an application for a provisional sequestration of respondent’s estate. The matter relies uponS8 (h) of the Act. The respondent had published a notice of intention to sell/transfer his business in the local newspaper, however, the respondent owed a certain creditor some … WebSee testamentary capacity, Spies v Smith 1957 (1) SA 539 (A) and Kirsten v Bailey 1976 (4) SA 108 (C), discussed in Chapter 3 and 4. SUMMARY In this study unit we studied testamentary capacity and learnt that various ages are required for various legal acts.

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