The wills, estates, succession act WESA is scheduled to come into effect on March 13, 2014.

This is the third blog by staging-disinherited-staging.kinsta.cloud on some of the more significant changes that will be made in the new legislation.

WESA Section 58 introduces a radically significant change to what has traditionally been considered a will.

Under section 58 ( 3):

” the court may, as the circumstances require, order that a record or document, or writing or marking on a will or document be fully effective as though it had been made

a) as the will or part of the will of the deceased person,

b) as a revocation, alteration or revival of the will of the deceased person, or

c) as the testamentary intention of the deceased person.

This will create a situation that will range from e-mails being produced as the true intention of the last will of the deceased, to separation agreements that may be held not only as a statement of the spouses testamentary intentions, but by virtue of 58(3) may be declared by the court to be a valid will or alteration to a will in its own right.