Deceased's thumb print unpacked in will dispute
The grandson of a deceased claimed that a second will his grandmother had made, in which she had disinherited him, was a forgery.
He claimed her fingerprint which was used to sign the will, was ‘forced’ on the document.
IoL reports that Lerato Dyantyi told the Western Cape High Court sitting in Thembalethu, that his grandmother was also not of sound mind when she was said to have changed her will in 2020.
In this will, her two sons, his uncles, are the sole beneficiaries of her estate. In a will drawn-up by her in 2017, he is named the sole beneficiary.
He asked the court to accept this as being her true wishes.
Dinah Dyantyi died in September 2022. The applicant resided on the property with his grandmother, which forms part of her estate.
In terms of the (second) will, the deceased’s sons, Trevor and Theo Dyantyi inherit the estate, in equal shares, including the property.
After her death and the coming to light of the 2020 will, he had to vacate the property.
He said he found it ‘highly unlikely’ that the document would reflect the wishes of his grandmother given that in 2020 she was in no psychological position to have restructured the will.
IoL notes that Popsi Dyantyi, the daughter of the deceased, said her mother expressed the wish to make a new will in October 2020 and she went to the attorney with her mother.
According to her the will was signed (by way of thumb print) by her mother in the presence of the attorney and witnesses.
The attorney said the deceased appeared coherent to him, although she was in a wheelchair and could not hold a pen.
The court accepted this version and ordered that the 2020 will be accepted.
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.





