High Court Upholds Fiancée’s Claim in Dispute Over Late Partner’s Unsigned Will


KEY POINTS


  • The North Gauteng High Court upheld the amended will of the late Robert Stanton, ruling in favor of his fiancée, Alana Berenice Perumal, despite the will being unsigned at the time of his death.
  • Stanton’s ex-partner, Claudia Louise van der Colf, contested the will, but the judge dismissed her claims, citing a voice message that demonstrated Stanton’s intent to finalize the document.
  • The ruling underscores the importance of formalizing estate plans and sets a precedent for interpreting the intentions of deceased individuals in legal disputes.

In a landmark ruling, the North Gauteng High Court in Pretoria has upheld the last will and testament of the late Robert Stanton, delivering a significant legal victory to his fiancée, Alana Berenice Perumal.

The decision reaffirms Stanton’s wishes as outlined in his amended will, despite the document remaining unsigned at the time of his death in April 2023.

According to IOL, Stanton, who was engaged to Perumal with their wedding planned for December 2023, had revised his will in July 2022 following hip replacement surgery. The amendments designated Perumal as his life partner and primary beneficiary.

However, the will was never formally signed, leading to a contentious legal battle with Stanton’s former partner, Claudia Louise van der Colf, with whom he shared a child.

Van der Colf contested the validity of the unsigned will, arguing that Stanton had changed his mind about the amendments. She claimed the document did not reflect his final intentions. However, Judge Noluntu Nelisa Bam dismissed these claims, citing compelling evidence that Stanton intended for the amended will to stand.

“The March 2023 voice message cannot be seen as conduct of a man who had changed his mind about his will. Instead, it can be interpreted that Stanton intended to make the documents his last will and testament,” Judge Bam stated. The voice message, sent to the executor Abraham Jacobus Janse van Rensburg just one month before Stanton’s death, expressed urgency about finalizing the will.

The judge further criticized Van der Colf’s opposition to the application, stating that her arguments were speculative and lacked legal merit. “It was not reasonable of the second respondent to come to court offering disputes of fact based on her speculation about what the deceased had intended,” the judgment read. Van der Colf was ordered to pay Perumal’s legal costs.

Broader Implications of the Ruling

The case highlights the complexities of estate disputes, particularly when wills are not formally executed. Legal experts have noted that the ruling sets a precedent for interpreting the intentions of deceased individuals, even in the absence of a signed document.

Stanton and Perumal’s relationship began in January 2021, following the end of his previous relationship with Van der Colf. The couple had planned to marry, but Stanton’s declining health after his surgery delayed their plans. His amended will, drafted in July 2022, was intended to secure Perumal’s future, a fact reinforced by his actions and communications before his death.

The ruling has sparked widespread discussion about the importance of formalizing estate plans to avoid disputes. Legal professionals have urged individuals to ensure their wills are properly signed and witnessed to prevent similar conflicts.

Perumal expressed relief at the court’s decision, stating that it honored Stanton’s wishes. “This ruling is a testament to Robert’s love and commitment to our future together,” she said.

 

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