ORDER The application is dismissed with costs. JUDGMENT GEIER J: [1] Section 2(1)(a)(v) of the Wills Act, Act No 7 of 1953 provides that: (a) no will executed on or after the first day of January, 1954, shall be valid unless- ….. (v) if the will is signed by the testator by the making of a mark or by some other person in the presence and by the direction of the testator, a magistrate, justice of the peace, commissioner of oaths or notary public certifies at the end thereof that he has satisfied himself as to the identity of the testator and that the will so signed is the will of the testator, and if the will consists of more than one page, each page other than the page on which it ends, is also signed, anywhere on the page, by the magistrate, justice of the peace, commissioner of oaths or notary public who so certifies …’. [2] In casu the notary public, who attended to the signing of the will in question, certified at the end thereof, in his capacity as notary public, that it was the deceased’s will. He however failed to sign and certify the other pages of the will. [3] The question which thus arises is, whether or not, the notary public in question, can now, post-mortem, affix his signature and certificate to these other pages of the will? [4] The events preceding the signing of the will by the deceased, by way of a thumbprint, are undisputed.
ORDER The application is dismissed with costs. JUDGMENT GEIER J: [1] Section 2(1)(a)(v) of the Wills Act, Act No 7 of 1953 provides that: (a) no will executed on or after the first day of January, 1954, shall be valid unless- ….. (v) if the will is signed by the testator by the making of a mark or by some other person in the presence and by the direction of the testator, a magistrate, justice of the peace, commissioner of oaths or notary public certifies at the end thereof that he has satisfied himself as to the identity of the testator and that the will so signed is the will of the testator, and if the will consists of more than one page, each page other than the page on which it ends, is also signed, anywhere on the page, by the magistrate, justice of the peace, commissioner of oaths or notary public who so certifies …’. [2] In casu the notary public, who attended to the signing of the will in question, certified at the end thereof, in his capacity as notary public, that it was the deceased’s will. He however failed to sign and certify the other pages of the will. [3] The question which thus arises is, whether or not, the notary public in question, can now, post-mortem, affix his signature and certificate to these other pages of the will? [4] The events preceding the signing of the will by the deceased, by way of a thumbprint, are undisputed.
Afrikaner%20v%20The%20Master%20of%20the%20High%20Court%20of%20Namibia%20(A%20330-2011)%20%5B2013%5D%20NAHCMD%20224%20(29%20July%202013).docx