Ibrahim v. Faizer and Others – sllr 2003 volume 1 page 133

Brief
In the case between Ibrahim and Others (Plaintiff) and Faizer and Others (Defendant), the court addressed whether the document dated 19.12.1971 (P1) constituted a valid testamentary instrument or an irrevocable gift inter vivos. The court held that the document operates as a valid testamentary will, determining that the testator’s intention was for its provisions to take effect upon his death. This holding reaffirmed the principle that the governing factor in such disputes is the true intention of the testator as reflected in the language of the instrument and supported by surrounding circumstances. The decision relied on established case law, including Re Anziani, Dias v Jansen, Vaitty v Jaccova, and Fan Eyre v The Public Trustee, and emphasized the necessity of distinguishing betwe