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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 ...
The law of intestacy was virtually codified by the Intestate Succession Act, 1987, [2] which came into force on 18 March 1988. Before that, the South African system of intestate succession had to be construed from a variety of common-law and statutory rules.
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.
Prior to Bwanya, the often-maligned holding in Volks v Robinson had created a considerable amount of controversy as to the legal status of life partnerships, particularly in the context of the law of succession. [1] [2] Volks was a 2005 matter in which the Constitutional Court of South Africa had ruled that it did not constitute unfair ...
Pages in category "Law of succession in South Africa" The following 35 pages are in this category, out of 35 total. This list may not reflect recent changes. ...
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Countries (in pink) which share the mixed South African legal system. South Africa has a 'hybrid' or 'mixed' legal system, [1] formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which ...
Hereditary government form differs from elected government. An established order of succession is the normal way of passing on hereditary positions, and also provides immediate continuity after an unexpected vacancy in cases where office-holders are chosen by election : the office does not have to remain vacant until a successor is elected.