Woman's marriage invalid after court finds late husband lacked mental capacity due to stroke

A Cape Town woman had her marriage declared invalid after the Western Cape High Court ruled that her late partner was mentally incapacitated when he entered into the marriage after suffering a stroke.

The man had a severe stroke in May 2017 which caused major cognitive and behavioral problems, including vascular dementia. Because of his condition, a curator was appointed to manage his affair.

A year later, in June 2018, the man and woman got married in community of property. It was not mentioned when they met.

The woman faced challenges in claiming death benefits from the estate after the executor brought an application to declare the marriage null and void. He argued that deceased was found to be of unsound mind and could not enter into a marriage contract at the time.

The executor brought a psychiatrist to support his argument.

The woman also called two experts to testify that the deceased was of sound mind when they married, however, the experts' evidence also supported the executor's position.

The first expert said the deceased suffered an acute Middle Cerebral Artery stroke leading to global aphasia, mild right-hand apraxia, and severe cardiac morbidity. He was re-admitted to hospital due to confusion and aggression.

The second expert said the deceased was not of sound mind and incapable of making major life decisions. Even though he could not confirm the deceased’s mental state at the time of the marriage but stated that the deceased was not in a state to contract a marriage during his examination. 

Meanwhile, the psychiatrist brought by the executor said the deceased suffered from vascular dementia and post-stroke sequelae, including aggression, aphasia, impaired comprehension, and behavioural changes. In addition, he added that a month before the wedding, the deceased’s clinical state was unchanged, with permanent neurocognitive and behavioural difficulties.

Acting judge Pinda Njokweni presided over the matter and mentioned that a person who has been placed under curatorship because of a mental illness and a subsequent inability to manage his or her own affairs, can enter into a valid legal transaction with its normal consequences if, at that particular moment, he or she was physically and mentally capable of doing so.

However, if it is found that the person lacked the capacity to understand the nature or consequences of the transaction when he or she entered into it, the person is not bound by it, and the transaction is void due to lack of capacity.

The judge also noted that the woman failed to prove that the deceased was of sound mind when they married

As a result, the marriage was declared null and void. The woman was also ordered to pay the costs of the application.

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