The Gauteng High Court in Pretoria has made a groundbreaking decision under Section 2(3) of the Wills Act, declaring a document presented by Alana Berenice Perumal as the last will and testament of the late Robert Stanton.
The case, heard on 28 January 2025, centred on Stanton's final wishes documented in an amended will he had prepared before his death on 9 April 2023. At the time of his passing, Stanton and Perumal were engaged to be married, with their wedding planned for December 2023.
The relationship between Perumal and Stanton began in early January 2021. The second respondent, Claudia Louise van der Colf, who shares a child named Apple with Stanton, had ended their relationship in 2020.
Following hip replacement surgery in April 2022, Stanton's health deteriorated throughout 2022. On 10 July 2022, he made significant amendments to his will. Perumal had similarly engaged a financial planner to update her will to include Stanton as a beneficiary, though she only reviewed these changes after his funeral.
The amendments to Stanton's will clearly indicate his intention to recognise Perumal as his life partner. These changes were made on his laptop with Perumal present, after which he sent the amended will to executor Abraham Jacobus Janse van Rensburg with instructions for implementation and subsequent signing.
Janse van Rensburg confirms receiving the amended will from Stanton on 10 July 2022 and returning it with the incorporated changes on 4 August. While Perumal had access to Stanton's emails, she was unable to locate this particular correspondence.
Throughout 2022, Stanton experienced multiple hospitalisations. A significant setback occurred on 17 January 2023, when he broke his femur and required hospitalisation until 25 February 2023. On 9 March 2023, concerned about the will's status, Stanton sent a voice message to Janse van Rensburg requesting the will be returned for completion.
Tragically, while visiting Cape Town with his mother and daughter on 8 April 2023, Stanton fell ill and died in his sleep on 9 April 2023. Despite Van der Colf's contention that the unsigned status of the document indicated a change of heart, Judge NN Bam emphasised that the absence of a signature did not invalidate Stanton's clear intentions. The court noted Stanton's deliberate efforts to amend his will to reflect his life with Perumal, including specific instructions to Janse van Rensburg.Â
After careful consideration of both legal principles and presented evidence, the court determined there was sufficient proof that Stanton had drafted and intended the document to serve as his final will. The ruling ordered the document's acceptance under the Administration of Estates Act, with Van der Colf ordered to bear Perumal's legal costs due to what the court deemed unfounded opposition to the application. Judge Bam specifically noted that mere speculation about the deceased's intentions was insufficient grounds for contesting a will's validity.Â
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