Nieuwoudt Du Plessis Attorneys and Notaries

19/10/2026

WAS IT REALLY HIS SIGNATURE? CAN A FRAUDULENT WILL BE OVERTURNED?
Imagine discovering that, just days before a loved one’s death, a new will was signed that disinherited the original beneficiaries and left the entire estate to someone else. Could that will be challenged?
A recent High Court decision shows that, in the right circumstances, the answer is yes.
In this case, a man allegedly signed a new will just seven days before his death at the age of 90, replacing an earlier will that left his estate to five charities.
The Court found compelling evidence of undue influence and fraud relating to the signature. Concerns about the deceased’s frail condition, his apparent confusion, suspicious circumstances surrounding the signing, and expert handwriting evidence all played a role. The new will was declared invalid, leaving the earlier will in force.
What must be proved to challenge a will?
Testamentary capacity: Was the deceased mentally capable of understanding the nature and consequences of making a will at the time of signing?
Undue influence: Was the deceased pressured or coerced into making bequests they would not otherwise have made?
Fraud or forgery: Is there credible evidence that the will or signature is fraudulent?
Supporting evidence: Do the witness accounts, expert opinions and surrounding circumstances support the challenge?
Important: Courts do not set aside wills lightly. The person challenging a will carries the burden of proving its invalidity, and allegations of fraud require strong evidence.
Concerned about a suspicious will or the validity of a loved one’s last wishes? Understanding your legal options is an important first step.

Read the full article for further insights into this High Court decision and the legal principles involved.
www.ndp-law.co.za

Nieuwoudt-Du Plessis Inc.
Attorneys | Notaries | Administrators of Estates
Protecting rights. Respecting wishes. Providing practical legal guidance.

15/10/2026

ONE EMAIL. ONE CANCELLED PROPERTY SALE. ALMOST R150,000 IN CONSEQUENCES.
Can renegotiating a property deal after signing put your sale at risk?
A High Court decision highlights an important lesson for property buyers and sellers: once a sale agreement is binding, your words matter.
In this case, buyers attempted to renegotiate the purchase price and made their willingness to proceed dependent on the seller agreeing to their demands. The Court found that their email amounted to repudiation of the contract, allowing the seller to cancel the sale.
The consequences? The buyers lost the property, forfeited money already paid, and faced additional financial liability for estate agent’s commission, interest and legal costs.
What should you remember?
• A signed property agreement is binding.
• You may propose changes, but the other party is not obliged to accept them.
• Making your performance conditional on new terms may expose you to cancellation and financial loss.
• Seek legal advice before sending communications that could affect your contractual rights.
Buying or selling property, or experiencing problems with a transfer? Don't let one email jeopardise your transaction.
Read the full article for valuable legal insights and practical guidance.
Visit: www.ndp-law.co.za
Contact Nieuwoudt-Du Plessis Inc. for professional legal guidance on property transactions and contractual matters.
Protect your interests. Understand your obligations. Get advice before you put it in writing.

14/10/2026

Almost Time !!

09/10/2026

01/10/2026

Exciting News !!

30/09/2026

Can Family Conflict Bring a Trust to an End?

Not necessarily.

When a founder passes away, disagreements between beneficiaries can arise over how trust assets should be managed or distributed.

But a founder’s later wishes or informal family agreements do not automatically change a trust deed.

In South African law, the trust deed is the foundation of the trust. Trustees must exercise their powers in accordance with its terms, and beneficiaries cannot simply demand distribution where the deed gives the trustees discretion.

A court may, in appropriate circumstances, vary or terminate trust provisions under section 13 of the Trust Property Control Act 57 of 1988, but specific legal requirements must be met.

The lesson is simple:

A trust deed should clearly reflect the founder’s intentions — and it should be reviewed and formally amended when circumstances or intentions change.

Clear drafting today can help prevent costly family disputes tomorrow.

Need advice about establishing, reviewing or amending a trust? Speak to Nieuwoudt-Du Plessis Inc.

30/09/2026

Can Family Conflict Bring a Trust to an End?

Not necessarily.

When a founder passes away, disagreements between beneficiaries can arise over how trust assets should be managed or distributed.

But a founder’s later wishes or informal family agreements do not automatically change a trust deed.

In South African law, the trust deed is the foundation of the trust. Trustees must exercise their powers in accordance with its terms, and beneficiaries cannot simply demand distribution where the deed gives the trustees discretion.

A court may, in appropriate circumstances, vary or terminate trust provisions under section 13 of the Trust Property Control Act 57 of 1988, but specific legal requirements must be met.

The lesson is simple:

A trust deed should clearly reflect the founder’s intentions — and it should be reviewed and formally amended when circumstances or intentions change.

Clear drafting today can help prevent costly family disputes tomorrow.

Need advice about establishing, reviewing, or amending a trust? Speak to Nieuwoudt-Du Plessis Inc.

28/09/2026

Cancelled Sale, Damaged Property — Who Pays?

What happens when a property sale is cancelled after the purchaser has taken occupation and the property has been damaged?

South African law generally requires the parties, as far as reasonably possible, to be restored to the position they were in before the agreement — known as restitutio in integrum.

But restitution is not a “reset button.”

If the purchaser was responsible for the risk of damage under the sale agreement, the reasonable cost of restoring that damage may be deducted from the amount that must be refunded.

Importantly, the seller cannot claim the cost of making an old or poorly maintained property better than it was before the sale. The focus is on fairly restoring the property to its previous condition.

This is why it is so important to:

• Clearly record the property's condition when occupation is given;
• Take photographs and videos of existing defects;
• Keep inspection reports and records; and
• Ensure the sale agreement clearly deals with risk, occupation and damage.

A property transaction can become complicated when a sale falls through. Proper legal advice and careful documentation from the start can help prevent costly disputes later.

Buying or selling property? Speak to Nieuwoudt-Du Plessis Inc. before you sign or hand over occupation.