ANOTHER sad reminder for many about the hollow choices they faced during the Covid-19 pandemic was raised at Mpumalanga High Court, where it emerged that a hastily signed will at the time was regarded invalid due to non-compliance with legal formalities.

The case revolves around the late Patrick Reniers, who, along with his wife, confronted the harsh realities of the deadly virus, leading them to draft a joint will under distressing circumstances.

Deputy Judge President Takalani Ratshibvumo's judgment considered the impact the pandemic had and the sad memories it left behind, which were churned up during during the course of the matter before him.

Patrick Reniers was hospitalised at Mediclinic Hospital, Mbombela, after contracting the virus, while his wife, Francina, had to self-medicate at home due to a lack of available hospital beds. Ultimately, Patrick lost his battle against the virus, leaving behind a complicated legacy.

The couple's decision to draft a will stemmed from their urgent fear of mortality, which was heightened by the circumstances surrounding their illness. They requested their financial advisor to draft a joint will, with clear instructions regarding the need for two witnesses during the signing process. In a last-minute effort to ensure Patrick could sign the document, Francina asked a broker to take the will to the hospital.

After navigating a challenging entry process into the ward, the broker presented the will to Patrick, who, still under oxygen supply, signed the document without reading it. The broker subsequently added his signature, and his wife signed as the second witness at home, seemingly fulfilling the requirements for witnessing a will.

However, this process raised questions that would later come to haunt the Reniers family. After Patrick's death, his daughter from a previous marriage contested the will, asserting her rightful claim to inheritance and revealing inaccuracies within the document.

She argued that previous provisions for her and her siblings were disregarded, and highlighted clerical errors, including misspellings of grandchildrens' names and incorrect marital property agreements.

In court, the judge noted that the will failed to meet essential legal criteria, stating, “The undisputed facts of this case are to the effect that neither the deceased nor the first respondent (wife) signed the will in the presence of the two witnesses… This leaves the will non-compliant with the formalities.” As a result, the court declared the will invalid, leaving the family in disarray and reflecting the complexities often entwined with pandemic-era decisions.

The outcome serves as a stark reminder of the crucial legalities surrounding wills and the potential consequences of rushed actions during times of crisis. With the fallout from Covid-19 still deeply felt across many aspects of life, this case illustrates the need for careful consideration and adherence to legal requirements, regardless of the circumstances.

DAILY NEWS

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Court invalidates hastily signed will in hospital during Covid-19 pandemic