A Cape Town woman’s marriage was annulled after late husband’s stroke left him mentally incapacitated. A Cape Town woman had her marriage declared invalid after the Western Cape High Court ruled that her late partner was mentally incapacitated whenhe entered into the marriage after suffering a stroke. he entered into the marriage after suffering a stroke.
The manhad 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 estateafter 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.
[paywall]
The executorbrought a psychiatrist to support his argument. The woman alsocalled two experts to testify that the deceased was of sound mind when they married, however, the experts’evidence also supported the executor’s position. called two experts to testify that the deceased was of sound mind when they married, however, the experts’
[/paywall]
