Henriques v Giles
It has been suggested that this article be merged into Law of succession in South Africa. (Discuss) Proposed since December 2021. |
In Henriques v Giles, an important case in the South African law of succession, a husband and wife had instructed their accountant to prepare each of their respective wills. The content of each of the wills varied considerably. The husband accidentally signed his wife's will; his wife accidentally signed his will.
The husband died in 2004, and his wife the following year.
In response to a request to rectify both wills, the court held that the husband's will was capable of being rectified, but the wife's will was not, as the court was not satisfied that she had the requisite capacity to execute a will due to her affliction with Alzheimer's syndrome.
See also[]
- South African law of succession
References[]
- Henriques v Giles NO and Another; Henriques v Giles NO and Others 2010 (6) SA 51 (SCA).
Notes[]
Categories:
- Inheritance
- Supreme Court of Appeal of South Africa cases
- 2010 in South African law
- 2010 in case law
- South African case law stubs