Henriques v Giles

Henriques v Giles NO and Another; Henriques v Giles NO and Others is an important case in the Law of [succession in South Africa|South African law of succession], decided in the Supreme [Court of Appeal (South Africa)|Supreme Court of Appeal] in May 2009. It concerned the rectification of cross-signed wills. The matter was an appeal from the High Court of South Africa, where it was heard in 2007 by Judge Patricia Goliath of the Cape Town High Court.

Background

In 1999, a husband and wife instructed their accountant to prepare their respective wills. The content of the wills differed considerably. The husband accidentally signed his wife's will; his wife accidentally signed his will. The husband died in 2004, and his wife died the following year.

Judgment

On 29 May 2009, Judge of Appeal Belinda van Heerden delivered judgment on behalf of a unanimous court. In response to a request to rectify both wills, the court held that the husband's will was capable of being rectified, but the wife's will was not: the court was not satisfied that she had the requisite capacity to execute a will due to her affliction with Alzheimer's disease.

Reception

Some commentators regarded the decision and its reasoning as "confusing".