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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 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.
Intestate succession of property; procedures for making, interpretation, and revocation of wills (includes Statutory rule against perpetuities and Uniform Simultaneous Death Act) 3 Probate of Wills and Administration: Procedural rules for the probate process 4 Foreign Personal Representatives and Ancillary Administration
Determining inheritance after a person passes away with no traditional resources like a will, trust or estate can be challenging. What can make things even more complicated is the fact that many...
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 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 ...
In terms of the Intestate Succession Act, Mr. and Mrs. K.’s daughter and son-in-law would inherit from their infant child. The question before the court was whether this was permissible, as the son-in-law would indirectly benefit from the murders he committed. Three main issues were dealt with in Steyn J.’s judgment:
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