Search results
Results from the WOW.Com Content Network
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 common law of succession applies to testate succession except if a testator, living under customary law prescribed otherwise in his or her will or if a court decides otherwise. The Intestate Succession Act [1] applies to all intestate estates irrespective of the cultural affiliations of the deceased. Succession may take place in three ways:
While the Intestate Succession Act, 1987 is important, one cannot discount case law when determining the rules of intestate succession. If and when the RCLSA is promulgated into law, it, too, will be relevant for determining South Africa's intestate-succession laws.
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.
The court held that the Roman law nemo pro parte rule did not apply in South Africa; therefore, the estate was to be divided partly testate and partly intestate. Had the court divided the remaining one tenth between the nine beneficiaries, it would effectively have been rectifying the will.
Pages in category "Law of succession in South Africa" ... Testate succession in South African law; Theron v Master of the High Court; Tshabalala v Tshabalala; V.
In Carelse v Estate De Vries, an important case in South African succession law, Carelse was seduced, on the promise of marriage, by the deceased (who was already married with children). Carelse and the deceased continued their relationship, which produced seven children, before the deceased died intestate .
In Kidwell v The Master, an important case in the South African law of succession, the testator had signed right at the bottom of the will; there was about 17 centimetres (6.7 in) between the end of the will (which included the witnesses’ signatures) and the testator's signature. The question before the court was where the end of the will was.