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Daniels approached the High Court of South Africa for an order declaring that she was the spouse and survivor of the deceased, or, alternatively, for an order declaring that the Intestate Succession Act and Maintenance of Surviving Spouses Act were unconstitutional to the extent that they discriminated unfairly against Muslim marriages.
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)
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.
With regard to the accrual system, [10] where one spouse's estate shows no or lesser accrual than that of the other spouse, the lesser-accruing spouse has a claim for an amount equal to half of the difference between the two net accrued estates. The equalization payment must be dealt with first as a claim against or in favour of the estate.
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 object is to prevent widow(er)s and divorce(e)s, and their minor children, being cast into poverty by the death or divorce of the richer spouse. Accrual System (South Africa) or Deferred Community Property : Marital property is separately owned during the marriage, but after marriage (divorce, death of a spouse), the net assets are lumped ...
The applicant approached the High Court of South Africa for an order declaring that she – and other surviving partners of polygynous Muslim marriages – were entitled to the protections granted to surviving spouses under the Intestate Succession Act and Maintenance of Surviving Spouses Act. Alternatively, if and insofar as the Acts could not ...
South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. [1] It may be defined as "that subdivision of material private law which researches, describes and regulates the origin, contents and dissolution of all legal relationships between: (i) husband and wife (including the parties to a civil union); (ii) parents, guardians (and ...