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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 Govender v Ragavayah, [1] an important case in the South African law of succession, the applicant was a woman married in terms of Hindu rites, whose husband had died intestate. Accordingly, the parents of her husband stood to inherit his estate.
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:
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)
Estate planning is part of comprehensive financial planning. It includes making a will. If you don’t make a will before your death, you will die intestate. In that case, your assets will be ...
The High Court's declaration of constitutional invalidity in respect of the Intestate Succession Act was referred to the Constitutional Court for confirmation. No party opposed confirmation; indeed, the High Court's order was actively supported by the fifth respondent, the Minister of Justice, as well as by two amici curiae, the Women's Legal ...
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 ...
Subject to the following, section 1 of the Intestate Succession Act applied to the intestate deceased estates that would formerly have been governed by section 23 of the Act. In the application of sections 1(1)(c)(i) and 1(4)(f) of the Intestate Succession Act to the estate of a deceased person who was survived by more than one spouse,