The North Gauteng High Court in Pretoria has made a landmark decision in the legal battle over the estate of the late Robert Stanton, upholding his last will and testament and ensuring that his fiancée, Alana Berenice Perumal, will inherit his estate, despite the will being unsigned at the time of his death.
A Love Story and a Legal Battle
Stanton, who passed away in April 2023, was engaged to Perumal with their wedding set for December 2023. Their relationship had begun in January 2021, after Stanton’s separation from his previous partner, Claudia Louise van der Colf, with whom he shares a child. However, the case took a complicated turn when questions arose about the validity of Stanton’s amended will.
Stanton’s will was updated in July 2022, shortly after he had undergone hip replacement surgery, during which his health had begun to deteriorate. With Perumal by his side, Stanton made key revisions to his will on his laptop, with the intention of designating her as his life partner and sole beneficiary.
Unsigned Will Sparks Legal Dispute
Despite the will being updated, it was left unsigned by Stanton before his passing. The executor of the estate, Abraham Jacobus Janse van Rensburg, confirmed receiving the document with the necessary changes in August 2022, but it was never signed. This led to Van der Colf challenging its validity in court, arguing that Stanton had likely changed his mind about the document, as evidenced by the unsigned status.
Judge’s Ruling: Stanton’s Intentions Clear
In a decisive ruling, Judge Noluntu Nelisa Bam rejected Van der Colf’s claims, pointing to key evidence that solidified Stanton’s intentions. The judge highlighted a voice message Stanton sent to the executor in March 2023, just one month before his death. In the message, Stanton expressed his desire for an update on his amended will, emphasizing that he had not yet seen the final version.
Judge Bam concluded that the March 2023 message proved Stanton had not changed his mind about the will. In fact, the message conveyed a sense of urgency, suggesting that Stanton still intended for the amended document to be his final will and testament.
Legal Costs and a Final Judgment
The court also ruled that Van der Colf’s opposition to the will was unreasonable and based on unfounded speculation about Stanton’s intentions. In a pointed decision, Judge Bam ordered Van der Colf to pay the costs of the application, as her actions were deemed to be more about causing frustration than legal merit.
“This is a case where speculation about the deceased’s intentions was used to challenge a clear and binding legal document,” said Judge Bam. “It is only appropriate that the second respondent be ordered to pay the applicant’s costs.”
A Victory for Perumal
For Alana Berenice Perumal, this legal victory marks the successful upholding of Robert Stanton’s wishes. Despite the challenges posed by the unsigned will, the court found clear evidence that Stanton had intended for Perumal to inherit his estate, giving her the peace of mind that she will now receive what he had legally designated to her.
The ruling is a significant affirmation of the importance of personal intent in the eyes of the law, reinforcing that even in the face of technicalities like an unsigned document, a person’s clear intentions can prevail if backed by compelling evidence.
