Senekal v Meyer

In Senekal v Meyer, an important case in South African succession law, the testator had a valid will. On it he had written the word “gekanselleir” (cancelled) on both of the pages of copy in his possession. The Master, however, accepted the testator’s attorney’s copy as the deceased’s valid will and testament. Thus the deceased’s current wife sought an order from court declaring that the deceased had died intestate as he had intended to revoke this earlier will. This was opposed by the deceased’s first wife who was the sole heir in terms of the will. The court held that the deceased had expressed a clear intention to revoke his will, so he died intestate.