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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.
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)
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 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.
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 ...
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Intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of forced heirship automatically gives a deceased person's next-of-kin title to a large part (forced estate) of the estate's property by operation of law, beyond the power of the deceased person to defeat or exceed by testamentary gift.
Neither marriage had been solemnised under the Marriage Act, 1961. After his death, his first wife (the applicant) claimed for a portion of the deceased's estate under the Intestate Succession Act, 1981, as well as for maintenance from his estate under the Maintenance of Surviving Spouses Act, 1990.