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The South African law of succession prescribes the rules which determine the devolution of a person's estate after his death, and all matters incidental thereto. It identifies the beneficiaries who are entitled to succeed to the deceased's estate, and the extent of the benefits they are to receive, and determines the different rights and duties that persons (for example, beneficiaries and ...
X is the deceased in question. His estate is worth R300,000. F will receive his half share of R150,000. M is the deceased mother, so her half-share will be divided equally between her descendants. Therefore, C and A will each receive R75,000. In this case, the surviving parent is the sole heir.
FISA has approximately 700 individual members, who collectively manage assets in excess of R250 billion. They draft tens of thousand wills each year and administer around 50 percent of deceased estates reported to the offices of the Master of the High Court in South Africa. FISA also offers candidate membership for those wishing to enter the ...
Testate succession exists under the law of succession in South Africa.. Testamentary succession takes place by virtue of either a will or a codicil: A will or testament is a declaration, in proper form, by a person known as the "testator" or "testatrix," as to how and to whom his or her property is to go after his or her death.
Bwanya v Master of the High Court, Cape Town and Others is an important decision in the South African law of succession and particularly the law of intestate succession.It was decided by the Constitutional Court of South Africa on 31 December 2021 with a majority judgment written by Justice Mbuyiseli Madlanga.
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The Master of the High Court keeps all the records relating to people's estates (whether they are deceased or insolvent). The Sheriff delivers certain documents to the parties in a civil case, and also attaches property when a warrant is issued. The Director of Public Prosecutions, who used to be called the Attorney-General, is responsible for ...
The legal question was whether the exercise of Mrs. Orpen's power of appointment in favour of Mr. Orpen, in terms of her father's will, was valid, and whether her spouse's deceased estate had obtained vested rights with regard to the twenty per cent trust capital that she bequeathed to him, regardless of the fact that she died before her father ...