In this case the court was faced with two Wills executed by the Testator a year apart. There was no express revocation (cancellation) of the earlier Will in the later Will. The court confirmed the general rule in this regard that, where a testator dies leaving more than one Will, the Wills must be read together and reconciled. The provisions of the earlier Will are deemed to be revoked in so far as they are inconsistent with the provisions of the later Will. This case highlights the importance of having a Will professionally drafted. A proper professional will ensure that every Will includes a revocation clause, revoking all previous Wills. If a Will is not correctly drafted and executed it can result in a dispute which can end up in the Supreme Court or even the Constitutional Court, at great expense to all the parties.
For more information on this case, read below:
Pienaar and Another v Master of the Free State High Court, Bloemfontein …
Pienaar and Another v Master of the Free State High Court, Bloemfontein … 2