The children of former Constitutional Court Judge Yvonne Mokgoro, who died in May 2024, turned to court in a bid for the Master of the High Court to accept what they said was their mothers last will and testament made in 2021.

The Star reports Mokgoro made an earlier will in 2014, but her children told the Northern Cape High Court (Kimberley) that the earlier will fell away as she made another will seven years later.

The difference is in clause three of both wills.

In the 2014 will, she left her share in a property to her life partner, Naledi Monyeki. In her 2021 will, she left her share to her children and a grandchild.

Her son Ithatheng Mokgoro is the executor of her estate.

None of the respondents, which included the Master, opposed the application, other than Monyeki.

After her death, Ithatheng contacted a fiduciary services company which handled her affairs and learned his mother had two wills.

He examined the 2021 will and noted that the place of signature had not been filled in at the appropriate place on the document.

He also noted that the signatures on the 2021 will appear to be electronic signatures.

This was confirmed by the witnesses.

Monyeki, meanwhile, did not dispute that the late judge had instructed the 2021 will to be drawn up.

However he argued that the Wills Act does not make provision for electronic signatures.

Judge Lawrence Lever said an email sent by Mokgoro was clear. She asked two witnesses to electronically sign the new will, while she said she would also attach her electronic signature.

He said Judge Mokgoro’s wishes were clear and ordered the Master to accept her 2021 will.

Full report in The Star