RRLLB81
Assignment 2 Semester 1 2026
RESEARCH REPORT
Due Date: April 2026
A will made during a lucid interval by an insane person
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
A will made during a lucid interval by an insane person
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: April 2026)
, For additional support +27 81 278 3372
Abstract
The law of succession requires that a person must have testamentary capacity when
executing a valid will. A major legal difficulty arises when a person who suffers from
mental illness executes a will during a period known as a lucid interval. During such
a period the person may temporarily regain sufficient mental capacity to understand
the nature and consequences of making a will. This research examines whether a
will executed during a lucid interval should be regarded as legally valid under South
African law. The study analyses the requirements for testamentary capacity under
the Wills Act 7 of 1953 and considers the legal challenges associated with proving a
lucid interval. Particular attention is given to the evidentiary difficulties and the
potential disputes between heirs and beneficiaries. The discussion evaluates
relevant case law and academic commentary in order to determine how courts
approach the issue and whether current legal principles provide sufficient protection
against abuse.
Assignment 2 Semester 1 2026
RESEARCH REPORT
Due Date: April 2026
A will made during a lucid interval by an insane person
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
A will made during a lucid interval by an insane person
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: April 2026)
, For additional support +27 81 278 3372
Abstract
The law of succession requires that a person must have testamentary capacity when
executing a valid will. A major legal difficulty arises when a person who suffers from
mental illness executes a will during a period known as a lucid interval. During such
a period the person may temporarily regain sufficient mental capacity to understand
the nature and consequences of making a will. This research examines whether a
will executed during a lucid interval should be regarded as legally valid under South
African law. The study analyses the requirements for testamentary capacity under
the Wills Act 7 of 1953 and considers the legal challenges associated with proving a
lucid interval. Particular attention is given to the evidentiary difficulties and the
potential disputes between heirs and beneficiaries. The discussion evaluates
relevant case law and academic commentary in order to determine how courts
approach the issue and whether current legal principles provide sufficient protection
against abuse.
