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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.
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.
At that time, the Intestate Succession Act said that illegitimate children could not inherit from their deceased parents. The court held, however, that this was no longer the proper position, and awarded maintenance to the children. Although the deceased died intestate, the principle is the same for persons who die testate. [1]
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:
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 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 rule of African customary law which generally excludes African women from intestate succession was recognised by section 23 of the Black Administration Act [2] and the regulations framed thereunder, especially regulation 2, promulgated on 6 February 1987, in Government Gazette 10601, as Government Notice R200, making black law and custom ...
The court ruled that the Intestate Succession Act, 1987, which granted the right of intestate succession to spouses but not to same-sex life partners, unfairly discriminated on the basis of sexual orientation. The Act was therefore invalid because it violated section 9 of the Constitution. To rectify the unconstitutionality, the court read the ...