Wills may fall by the way

29 August 2016 - 08:43 By NIVASHNI NAIR
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No longer just a storyline in soap operas, forged wills could be slipping through the cracks of the South African legal system leaving rightful heirs penniless.

Ahead of National Wills week next month, the Law Society of South Africa's deceased estates committee has revealed that the prevention and detection of forged wills is a major challenge.

Committee chairman and Durban attorney Hussan Goga said an audit to determine if a will lodged was forged was not done.

"The will does not have to be proved to be that of the testator/testatrix ( a person who has written a will)," he said.

In 2011 three siblings took their stepmother to the Pretoria High Court claiming that she had forged their father's will, robbing them of more than R50,000 each.

More recently the Shembe church, also known as the Nazareth Baptist Church, had been embroiled in a leadership battle following the disputed will of its leader, Vimbeni Shembe, who died in 2011.

Goga yesterday said it was necessary to amend the Wills Act to provide some control mechanism to reduce the forging of wills.

"Currently witnesses must sign only the last page of the will. They need not sign the preceding pages and they may sign anywhere on the last page. It is also not necessary for the testator to sign in the presence of the witnesses as long as he or she acknowledges in their presence that the signature on the will is his/hers."

The society suggests the law be amended to ensure the testator and witnesses sign each page in the presence of each other.

However, the Department of Justice and Constitutional Development said the proposed amendment would not reduce or ultimately erode the problem.

The department's spokesman, Mthunzi Mhaga, said the determination of the authenticity of a will was made by the courts.

He said the number of questionable wills before the court each year was " very minimal".

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