RRLLB81 Assignment 3 PORTFOLIO (DETAILED ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED - A will made during a lucid interval by an insane person

RRLLB81 Assignment 3 PORTFOLIO (DETAILED ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references. A will made during a lucid interval by an insane person An insane person lacks legal capacity. This is also relevant when a will has to be executed. This means that an insane person cannot execute a valid testamentary. Of course, it is not necessary that the court should declare a person to be insane, any evidence establishing the insanity of a person should suffice. The person who alleges insanity should adduce evidence thereof. It is, however, possible that an insane person could during a period of lucid interval execute a valid will. This means that when a person is of a sound mind, the person gains testamentary capacity. Strictly speaking, an insane person could/should die intestate. There could be valid legal contention regarding a period of lucid interval and the validity of the will. Firstly, evidence of a period of lucid interval cannot be established retrospectively, secondly, there could be dispute about the evidence of the lucid interval. Those who expected the insane person to die intestate could challenge the will, and the beneficiaries would urge for the promotion of the will. What is your opinion about the lucid interval period, legal capacity and the execution of the wills. Cases Tregea v Godart 1939 AD 16 Essop v Mustapha and Essop 1988 (4) SA 213 (D) Books de Waal MJ and Schoeman-Malan MC, Law of Succession (5th edn, Juta 2015) Jamneck A and Rautenbach C (eds), The Law of Succession in South Africa (4th edn, Oxford University Press 2023) Legislation Intestate Succession Act 81 of 1987 Downloaded by Pied Zulu () lOMoARcPSD| 56 Wills Act 7 of 1953 Journal Articles Sonnekus JC, ‘Execution of a Last will Under Suspicious Circumstances and Full Court Rolls’ (2025) TSAR 534 van der Linde A, ‘Requirements in Terms of Section 2(3) of the Wills Act 7 of 1953: Some Comments on Judgments in Recent Case Law’ (2012) 45 De Jure 413