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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 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 South African Law of Succession. Butterworths. 1989. Heaton and Roos. Family and Succession Law in South Africa. 3rd Ed. Kluwer Law. 2019. Note 1256; Angela Beumker. Die Testamentsformen in Südafrika und ihre geschichtliche Entwicklung. Lit Verlag. Munster, Hamburg and London. 2000. p 93. Marius J de Waal. "Testamentary Formalities in ...
Before that, the South African system of intestate succession had to be construed from a variety of common-law and statutory rules. The law of intestate succession is rooted in the legislation of the States of Holland : the Political Ordinance of 1 April 1580, as clarified and amended by the Interpretation Ordinance of 13 May 1594 and Section 3 ...
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Countries (in pink) which share the mixed South African legal system. South Africa has a 'hybrid' or 'mixed' legal system, [1] formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which ...
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.