IN THE ESTATE OF TLB

The case, In the Estate of TLB, involved an application for an order to admit a document, which purported to express testamentary intentions, to probate. The document in question comprised a will instruction sheet and a draft will. The deceased, B, had committed suicide before executing the will. The court was required to decide which version of the Wills Act 1936 (SA) applied to the circumstances and whether B had testamentary capacity at the time of the drafting of the will. The court also had to determine which document should be admitted to probate, the will instruction sheet or the draft will.

The court considered the amendments to the Wills Act 1936 (SA) and concluded that the version of the Act applicable to the present case was the 1998 version. The court found that B had testamentary capacity and had a continuing intention to execute a formal will. The court concluded that the Will Instruction Sheet, which expressed B's testamentary intentions, met the requirements of the relevant version of section 12(2) of the Wills Act 1936 (SA). The court also found that the draft will, which had not been signed or witnessed by B, did not meet the requirements of the Act.

The court granted the application and admitted the Will Instruction Sheet to probate as the last will of the deceased. The court noted that the Will Instruction Sheet was a clear expression of B's testamentary intentions and that it was in the best interests of her estate and beneficiaries for it to be admitted to probate. The court also noted that there was no evidence that B had knowledge of the draft will at the time of her death.