The wills, estates, succession act WESA is scheduled to come into effect on March 13, 2014.
This is the third blog by disinherited.com on some of the more significant changes that will be made in the new legislation.
WESA Section 58 introduces a radically significant change to what has traditionally been considered a will.
Under section 58 ( 3):
” the court may, as the circumstances require, order that a record or document, or writing or marking on a will or document be fully effective as though it had been made
a) as the will or part of the will of the deceased person,
b) as a revocation, alteration or revival of the will of the deceased person, or
c) as the testamentary intention of the deceased person.
This will create a situation that will range from e-mails being produced as the true intention of the last will of the deceased, to separation agreements that may be held not only as a statement of the spouses testamentary intentions, but by virtue of 58(3) may be declared by the court to be a valid will or alteration to a will in its own right.