Joost was still able to sign will
Springbok legend Joost van der Westhuizen’s widow Amor Vittone is of the opinion that despite his motor neuron disease in 2015, he was still able to sign a document or at least make a mark on it. A Pretoria News report says Vittone or is vigorously opposing an application by Joost’s brother Pieter van der Westhuizen and lawyer Ferdinand Hartzenberg, who turned to the Gauteng High Court (Pretoria) to have the will declared his last wish.
The problem with this will is that it was not signed by Joost, but by Hartzenberg, who acted as commissioner of oaths.
The Master of the High Court had indicated he was of the opinion that Van der Westhuizen’s last will did not fully comply with the required formalities as prescribed in the Wills Act. He thus had no choice but to reject it.
This left the will which Van der Westhuizen and Vittone jointly drew up in August 2009 as Joost's valid will and testament.
Vittone, in her answering affidavit, said she did not admit that he could not sign the 2015 document if he wanted to do so. ‘His muscle movements were affected, but not to such an extent that he could not append his signature or a mark on the will.’
She said Joost was at that time still able to walk, aided by a special device. He also attended various functions to promote motor neuron disease awareness. She said it was also peculiar that Hartzenberg only submitted the 2015 will to the Master three months after Van der Westhuizen’s death.
She said there was a valid will (the 2009 one) and there was no reason to deviate from it.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.





