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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 ...
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.
If the deceased is married at the time of his death, the property system that applies to his marriage is of utmost importance since it affects the distribution of the deceased's estate. In terms of the Recognition of Customary Marriages Act, 1998 and the Matrimonial Property Act, 1984 , the first marriage of a male with more than one wife is ...
Bwanya approached the High Court of South Africa, contending that the Intestate Succession Act and Maintenance of Surviving Spouses Act were unconstitutional to the extent that they excluded the surviving partners of permanent opposite-sex life partnerships from claiming maintenance and inheritance from the estates of their deceased partners.
The legal question was whether the exercise of Mrs. Orpen's power of appointment in favour of Mr. Orpen, in terms of her father's will, was valid, and whether her spouse's deceased estate had obtained vested rights with regard to the twenty per cent trust capital that she bequeathed to him, regardless of the fact that she died before her father ...
Forced heirship is a form of testate partible inheritance which mandates how the deceased's estate is to be disposed and which tends to guarantee an inheritance for family of the deceased. In forced heirship, the estate of a deceased (de cujus) is separated into two portions. An indefeasible portion, the forced estate, [a] passing to the ...
Volks NO v Robinson and Others is an important decision in South African family law and law of succession.In a majority judgment written by Justice Thembile Skweyiya, the Constitutional Court of South Africa dismissed a challenge to the constitutionality of the Maintenance of Surviving Spouses Act, 1990.
The facts of the case in Casey v The Master, an important case in the South African law of succession, the deceased and her husband were married in community of property and had a joint will, whereby both spouses bequeathed their half of the joint estate to each other. Being safety-conscious, each night the deceased's husband slept with a ...