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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.
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 ...
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. ...
Retrieved from "https://en.wikipedia.org/w/index.php?title=South_African_law_of_succession&oldid=460170023"
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.
As a discipline, the law of persons forms part of South Africa's positive law, or the norms and rules which order the conduct or misconduct of the citizens. [3] [4] Objective law is distinguished from law in the subjective sense, which is 'a network of legal relationships and messes among legal subjects', [5] and which deals with rights, [6] [7] or 'the claim that a legal subject has on a ...
The Law of Succession in South Africa. Edited by Juanita Jamneck & Christa Rautenbach. Cape Town: Oxford University Press, 2009. Marius J de Waal. "Intestate Succession in South Africa". Reid, de Waal and Zimmerman (eds). Intestate Succession. (Comparative Succession Law, Volume 2). Oxford University Press. 2015. Chapter 10. Pages 248 to 273.
In Govender v Ragavayah, [1] an important case in the South African law of succession, the applicant was a woman married in terms of Hindu rites, whose husband had died intestate. Accordingly, the parents of her husband stood to inherit his estate.