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The Intestate Succession Act, 1987 applies, except as explained below, in all cases where a person dies wholly or partially intestate after 18 March 1988. Under the Act, the surviving spouse and the adopted child are heirs of the deceased. The historical discrimination visited on extra-marital children has disappeared.
In the event of intestacy, the assets are distributed in a definite order of preference among the heirs, as stipulated by the Intestate Succession Act, 1987. [1] Until recently, the Act (and its common-law precursor) existed side by side with a statutorily-regulated customary-law regime of intestate succession, applied on a racial basis, but ...
Juleiga Daniels's husband died intestate in 1994; the main item in the deceased's estate was the couple's home in Cape Town.Because the couple had been married by Muslim rites, without solemnisation under the Marriage Act, 1961, the Master of the High Court found that Daniels could not inherit the deceased's estate or receive maintenance from it; such a marriage did not qualify her as a ...
Continue reading → The post What Are the Laws for Intestate Succession? appeared first on SmartAsset Blog. Estate planning is part of comprehensive financial planning. It includes making a will.
The Intestate Succession Act, 1987 is unconstitutional to the extent that it discriminates between the survivors of marriages and the survivors of life partnerships. (9:1). The Maintenance of Surviving Spouses Act, 1990 is unconstitutional to the same extent. (6:4). Decision by: Madlanga J (Khampepe, Majiedt, Pillay, Theron and Tlaletsi concurring)
Neither marriage had been solemnised under the Marriage Act, 1961. After his death, his first wife (the applicant) claimed for a portion of the deceased's estate under the Intestate Succession Act, 1981, as well as for maintenance from his estate under the Maintenance of Surviving Spouses Act, 1990.
The court ruled that the Intestate Succession Act, 1987, which granted the right of intestate succession to spouses but not to same-sex life partners, unfairly discriminated on the basis of sexual orientation. The Act was therefore invalid because it violated section 9 of the Constitution. To rectify the unconstitutionality, the court read the ...
Section 23 of the Act and section 1(4)(b) of the Intestate Succession Act were declared inconsistent with the Constitution and invalid. The Regulations for the Administration and Distribution of the Estates of Deceased Blacks (R200) published in Government Gazette No 10601 dated 6 February 1987, as amended, were also invalid.