6. REVOCATION AND REVIVAL OF WILLS
6.1 Modes of revocation
• The common law as amplified by section 2A of WA
• Marais v The Master
• Textbook pp 81- 88
6.2 Revocation by dissolution of marriage
• Section 2B of WA
6.3 Doctrine of dependant relative revocation/ conditional revocation
• Le Roux v Le Roux
• Raabe v The Master
• Textbook pp 88- 91
6.4 Revival of revoked wills; the doctrine of revival by republication
• Moses v Abinader
• Raabe v The Master
• MC Wood- Bodley ‘Revival of Wills – The Supreme Court of Appeal Resolves Long Standing
Uncertainty: Wessels v De Meester’
• Textbook pp 89- 91
6.5 The affects of section 2A on the revocation of wills
• Textbook pp 89- 91
, Revocation of wills – general comments
• General principle = testator may revoke her will at any time prior to death provided that she can
appreciate the nature and consequences of her act. I.e. in order to revoke a will, a person must have
the intention to revoke the will. A person who is two marbles short of a dozen will not have the
capacity to revoke a will.
2 Exceptions to this general principle:
1) Where two spouses mass their estates for the purpose of a joint disposition and the survivor adiates
under the will. In other words, on the death of the first dying spouse, the surviving spouse has the option to
either adiate or repudiate the massing. If he/she decides to adiate, he/she must follow the provisions of the
joint will and he/she may not make another will.
2) An antenuptial contract. Before people get married, they may enter into an ANC that has provisions stating
what will happen to the property when the marriage dissolves. If one spouse dies, the provisions in the ANC
that stipulate what is to happen upon death come into effect. The ANC does not render the will invalid, it
merely makes the specific provision in the will unenforceable.
* Anything that fetters the testator’ freedom of testation is against public policy. E.g. any provisions that
fetters a testator’s right to revoke a will would be against public policy and will be regarded as
unenforceable.
• Revocation = the act by which a testator cancels a will, or part of a will, so that it is no longer
applicable. Revocation is the only way in which a will can be undone by a testator.
• Partial revocation = when the testator revokes only part of his or her will, leaving the remainder of
the will valid and effective.
• Oral revocation = this is not recognized and it will be ineffective.
6.1 Modes of revocation
• Sources of revocation:
a) Common law
b) S 2A of the Wills Act (this does not replace the common law but merely supplements it).
• For there to be a valid revocation, there needs to be:
1. An act of revocation
2. The intention to revoke the will (animus revocandi)
6.1 Modes of revocation
• The common law as amplified by section 2A of WA
• Marais v The Master
• Textbook pp 81- 88
6.2 Revocation by dissolution of marriage
• Section 2B of WA
6.3 Doctrine of dependant relative revocation/ conditional revocation
• Le Roux v Le Roux
• Raabe v The Master
• Textbook pp 88- 91
6.4 Revival of revoked wills; the doctrine of revival by republication
• Moses v Abinader
• Raabe v The Master
• MC Wood- Bodley ‘Revival of Wills – The Supreme Court of Appeal Resolves Long Standing
Uncertainty: Wessels v De Meester’
• Textbook pp 89- 91
6.5 The affects of section 2A on the revocation of wills
• Textbook pp 89- 91
, Revocation of wills – general comments
• General principle = testator may revoke her will at any time prior to death provided that she can
appreciate the nature and consequences of her act. I.e. in order to revoke a will, a person must have
the intention to revoke the will. A person who is two marbles short of a dozen will not have the
capacity to revoke a will.
2 Exceptions to this general principle:
1) Where two spouses mass their estates for the purpose of a joint disposition and the survivor adiates
under the will. In other words, on the death of the first dying spouse, the surviving spouse has the option to
either adiate or repudiate the massing. If he/she decides to adiate, he/she must follow the provisions of the
joint will and he/she may not make another will.
2) An antenuptial contract. Before people get married, they may enter into an ANC that has provisions stating
what will happen to the property when the marriage dissolves. If one spouse dies, the provisions in the ANC
that stipulate what is to happen upon death come into effect. The ANC does not render the will invalid, it
merely makes the specific provision in the will unenforceable.
* Anything that fetters the testator’ freedom of testation is against public policy. E.g. any provisions that
fetters a testator’s right to revoke a will would be against public policy and will be regarded as
unenforceable.
• Revocation = the act by which a testator cancels a will, or part of a will, so that it is no longer
applicable. Revocation is the only way in which a will can be undone by a testator.
• Partial revocation = when the testator revokes only part of his or her will, leaving the remainder of
the will valid and effective.
• Oral revocation = this is not recognized and it will be ineffective.
6.1 Modes of revocation
• Sources of revocation:
a) Common law
b) S 2A of the Wills Act (this does not replace the common law but merely supplements it).
• For there to be a valid revocation, there needs to be:
1. An act of revocation
2. The intention to revoke the will (animus revocandi)
