Watson v Watson's Executors [1911] ZATPD 147 (1 November 1911)

Husband and Wife - Donations - Waiver of Benefit under Ante-nuptial Contract

Waiver by a spouse of a benefit under an ante-nuptial contract will only be upheld when the party relying upon such waiver gives clear proof of an agreement thereto and shows that there has been an adequate quid pro quo for the waiver.

Held, that the mere fact that the wife had done nothing in respect of the insurance during her husband's life clicl not disentitle her to sue his executors for the amount of the policy undertaken to be effected.