Abstract

This note critically examines the Gauteng High Court’s decision in Perumal v Janse van Rensburg NO & others, highlighting the judiciary’s ongoing failure to provide legal clarity about the condonation of electronic wills under s 2(3) of the Wills Act 7 of 1953. The judgment condoned a printed copy of an electronic document without adequately addressing its digital status or the statutory requirements for condonation. The case reveals deeper uncertainty about the application of s 2(3), particularly where a document is unexecuted and drafted by a third party. Moreover, the deceased’s conduct and communications suggest that, although his dispositive intentions were clear, he did not regard the document as his final will and therefore lacked the requisite animus testandi. This missed opportunity illustrates the disconnect between legal formalism and evolving testamentary practices, reinforcing the need for judicial engagement and legislative reform to accommodate digital wills in the South African law of succession.