Estate: Siblings fail to overturn brother's will

The will of a man with severe brain cancer, made about a month before his death, was challenged by his two siblings, who said he lacked testamentary capacity due to his illness. According to The Star, in the last will signed by the late John Winston Barrow, he left the bulk of his possessions to his partner. His siblings turned to the Eastern Cape High Court (Gqeberha) to have this will overturned. The deceased was diagnosed with prostate cancer in November 2022. A month later, tests revealed advanced inoperable brain cancer. His condition worsened in December 2022. He required assistance from his partner, only identified as Channon, assisted by the applicants, who are two of the three surviving biological siblings of the deceased. By 18 January 2023, the deceased was wheelchair bound, unable to talk or communicate, physically compromised, and demonstrating significant and visible neurocognitive deterioration. His doctor said he doubted whether Barrow was in a mental condition to sign documents by 18 January. However, Barrow executed a will six days earlier and died just over a month later. According to the will, Channon was nominated as executrix, inheriting the bulk of the estate. Only a bakkie, woodworking equipment, wood and R200 000 were left to the applicants. Channon had, meanwhile, also died.

The executrix in Channon's estate, who is opposing the application by the siblings, relied on affidavits of three people - one being Reverend Bruce Woolard - who were present when Barrow made his last will, The Star notes. Two witnesses confirmed that the reverend read the contents of the will to the deceased twice, in their presence. The deceased was asked whether he understood the nature of the document he was about to sign and whether he agreed with the contents. On each occasion, the deceased answered in the affirmative and gestured by giving the 'thumbs up' sign. He signed the will in the presence of the witnesses. Judge Avinash Govindjee said the high point of the applicants' case is the doctor's letter, in which he said by 18 January, he doubted the deceased was in a mental state to sign any documents. In turning down the application, Govindjee said it was unnecessary to speculate whether this was a lucid interval or whether his condition had simply not yet deteriorated. He ruled there was nothing to suggest his last will was not his last wish.