INAPPROPRIATE ASSISTANCE TO DRAFT CLIENT’S WILL
Ditmar and Others v Lotter NO and Others (5296 / 2020)  ZAWCHC 41 (5 March 2021)
Bequeathing assets to heirs is a very emotional and important act for any individual. If the testator suffers from an illness such as dementia, when is the last moment that he could still dictate his wishes? The judgment tells a story in which it appears that a longstanding financial advisor of a deceased person had assisted him with his will and financial planning in a way to benefit himself. Apart from instinctive disapproval of such conduct, the other consequence is an invalid will. The judgment is a reminder of how important it is to get proper and timely assistance with drafting your will.