Question
T, an 86 year old man, recently had a stroke and is being taken care of by a private nurse, X. T, is on strong
T, an 86 year old man, recently had a stroke and is being taken care of by a private nurse, X. T, is on strong medication and sometimes confuses X, with his daughter Z, who for the past 10 years has been residing in England. It seems his mental capabilities are reduced below that which they were because of his physical and mental condition. T also no longer speaks about his son, Y, and his grandchildren, all currently living in Cape Town. X, accuses T's children of neglecting, T, since they hardly ever phone or acquire about T's well-being. X, frequently mentions that she is struggling financially, since her husband was retrenched as a result of the lockdown and current economic climate. T is often very impatient and loses his temper when X doesn't immediately attend to his calls for assistance and help. X, however, tolerates T's behaviour and treats him with great respect. During his lifetime, T, was a well-respected businessman and he still owns valuable immovable property, locally and abroad, as well as a comprehensive share portfolio. Nowadays, however, when he receives visitors he only speaks about "his" BMW X7 M50d, which was already sold in 2013. During a visit from his neighbours, T, insists on them having a few drinks with him of his favourite locally produced gin. After a few drinks he insists on making a "will". They hand him a piece of paper and with a shaking hand he writes:
"This is my last will. I give everything to X".
T applies his signature to the document, albeit with great difficulty. The neighbours sign as witnesses. T dies a few days later. T's children approach you for legal advice. They want to contest the will. Advise them in full with reference to authority.
Refer to South African Law preferably and the Wills Act.
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