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Initially, the word spouse in the Intestate Succession Act, 1987 was restrictively interpreted to mean only those spouses who had contracted a marriage in terms of the Marriage Act, 1961. [6] This interpretation has since been extended by case law, in recognition of the modern perception that there is a need to protect the interests of ...
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 respect of the Intestate Succession Act, the court found that it was unconstitutional to exclude permanent life partners from benefits of intestate succession; it therefore ordered that, wherever the act referred to the deceased's "spouse", that word should be read to mean "spouse or a partner in a permanent opposite-sex life partnership in ...
Juleiga Daniels's husband died intestate in 1994; the main item in the deceased's estate was the couple's home in Cape Town.Because the couple had been married by Muslim rites, without solemnisation under the Marriage Act, 1961, the Master of the High Court found that Daniels could not inherit the deceased's estate or receive maintenance from it; such a marriage did not qualify her as a ...
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.
Continue reading → The post What Are the Laws for Intestate Succession? appeared first on SmartAsset Blog. Estate planning is part of comprehensive financial planning. It includes making a will.
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.
Inheritor – a beneficiary in a succession, testate or intestate. Intestate – person who has not created a will, or who does not have a valid will at the time of death. Legacy – testamentary gift of personal property, traditionally of money. Note: historically, a legacy has referred to either a gift of real property or personal property.