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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 ...
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.
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.
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 ...
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 ...
In Ex Parte Lutchman, an important case in South African succession law, the deceased had left certain property to his six children in equal shares in a validly executed will. One of the deceased's children took out three life insurance policies on his father's life and explained to his father that in order for him (the son) to get the benefits ...
The registrar keeps all the official court documents. The family advocate must be consulted on all matters involving children, as the High Court is the "upper guardian" of all children in South Africa. The Master of the High Court keeps all the records relating to people's estates (whether they are deceased or insolvent).