LJU4804
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 29 AUGUST 2025
, Private International Law - LJU4804
1.1 — Validity of Wills and Heirship (5 marks)
Under section 3bis(1) of South Africa's Wills Act 7 of 1953, a will is not invalid merely
due to formal defects if it meets the internal law of any of the following: (a) the state in
which it was executed; (b) the testator's domicile or habitual residence at execution or at
death; or (c) the testator's nationality at execution or at death SafliiActs Online.
Subsection (1)(d) further provides that a subsequent will that revokes a prior one will
also be valid if its formalities comply with the law under which the prior will was valid
Acts Online.
Here:
The first will (2006), executed in Malawi while domiciled in Zambia, is formally
valid under Malawian law.
The second will (2011), although invalid under all South African, German, and
Zimbabwean systems, is valid under Malawian law.
As the second will expressly revokes the first, and §3bis(1)(d) authorizes
validity via the law under which the first was valid, the second will is saved by
Malawian law.
Consequently, the estate passes according to the second will, naming her
mother as sole heir.
1.2 — Legal Systems for Testing Validity of the First Will (4 marks)
Pursuant to section 3bis(1)(a) of the Wills Act, formal validity must be tested against the
internal law of various jurisdictions:
1. Malawi – the place of execution of the first will.
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 29 AUGUST 2025
, Private International Law - LJU4804
1.1 — Validity of Wills and Heirship (5 marks)
Under section 3bis(1) of South Africa's Wills Act 7 of 1953, a will is not invalid merely
due to formal defects if it meets the internal law of any of the following: (a) the state in
which it was executed; (b) the testator's domicile or habitual residence at execution or at
death; or (c) the testator's nationality at execution or at death SafliiActs Online.
Subsection (1)(d) further provides that a subsequent will that revokes a prior one will
also be valid if its formalities comply with the law under which the prior will was valid
Acts Online.
Here:
The first will (2006), executed in Malawi while domiciled in Zambia, is formally
valid under Malawian law.
The second will (2011), although invalid under all South African, German, and
Zimbabwean systems, is valid under Malawian law.
As the second will expressly revokes the first, and §3bis(1)(d) authorizes
validity via the law under which the first was valid, the second will is saved by
Malawian law.
Consequently, the estate passes according to the second will, naming her
mother as sole heir.
1.2 — Legal Systems for Testing Validity of the First Will (4 marks)
Pursuant to section 3bis(1)(a) of the Wills Act, formal validity must be tested against the
internal law of various jurisdictions:
1. Malawi – the place of execution of the first will.
