The children of well-known former Constitutional Court Judge Yvonne Mokgoro, who passed away in May last year, turned to court in a bid for the Master of the High Court to accept what they said is the last will and testament of their mother made in 2021.

Judge Mokgoro made an earlier will in 2014, but her children told the Kimberley High Court that the earlier will fell away as she made another will seven years later.

While both wills are basically the same, the only difference is in clause three of both wills. In the 2014 will in reference to this clause, the late judge left her share in a property to her life partner, Naledi Monyeki.

In terms of her 2021 will, she left her share to her children and to a grandchild.

Her son Ithatheng Mokgoro is the executor of her estate. None of the respondents, which included the Master, opposed the application, other than her life partner.

After the passing of the deceased, Ithatheng contacted the fiduciary services company which handled the affairs of the late judge regarding her will. It was during this meeting that he learned that his mother had two wills.

He examined the 2021 will more closely and noted that the place of signature had not been filled in at the appropriate place on the document. He also noted that the signatures on the 2021 will appear to be electronic signatures. This was confirmed by the witnesses.

Monyeki, meanwhile, did not dispute that the late judge had instructed the 2021 will to be drawn up. He, however, forwarded several points in law as to why he disputed the 2021 will. This includes his argument that the Wills Act does not make provision for electronic signatures on the document.

The court was told by counsel for the applicants that the 2021 will was drawn up by the financial company under the express direction of the deceased; and that it was clearly her intention that the 2021 will was to be her last will and testament.

In declaring the 2021 document to be the last will and wish of the late judge, Judge Lawrence Lever said the email sent by her was clear. She asked two witnesses to electronically sign the new will, while she said she would also attach her electronic signature to the document.

There was direct input from the deceased, and it could only have been on her direct instruction that the change in who was to benefit from her half share in the property could have been made, Judge Lever said.

He also referred to the message by the late judge in which she said that she had done all she can to make her last will and testament as fair and uncomplicated as she can.

He said Judge Mokgoro’s wishes were clear and ordered the Master to accept her 2021 will.

zelda.venter@inl.co.za

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