Question
Mr Sibanda executed a will in Germany whilst domiciled in England. He was a citizen of Botswana at the time of execution of the will.
Mr Sibanda executed a will in Germany whilst domiciled in England. He was a citizen of Botswana at the time of execution of the will. In terms of this will, he granted a power of appointment of a final beneficiary to Mrs Mary Sibanda. Mr Sibanda tragically passed away in a car accident when his car was struck by an un unroadworthy truck when the driver lost control of the vehicle outside Windhoek, Namibia. Mrs Mary Sibanda executed the power of appointment in a will executed in Johannesburg, South Africa. Mrs Sibanda's will was formally invalid in terms of all its testing systems as listed in s 3 bis (1)(a) of the Wills Act 7 of 1953. However, her will was formally valid in terms of German law. Was the execution of the power of appointment valid in terms of South African law? Motivate your answer fully.
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