At the time that daughter was pregnant when the testator died. Issue: Should the nasciturus inherit? Held: The court held that the nasciturus fiction has to apply so that he can claim for damages. Issue: Is the Act constitutional? Held: Yes, the Act was constitutional and women have the right to terminate pregnancies in accordance to act. Issue: Whether she could have an abortion without consent from her family Held: The court held that she could terminate her pregnancy according to the Choice on Termination of Pregnancy Act 92 of , as long as she was able to give her informed consent, which she did.
|Country:||Antigua & Barbuda|
|Published (Last):||26 June 2010|
|PDF File Size:||6.37 Mb|
|ePub File Size:||10.45 Mb|
|Price:||Free* [*Free Regsitration Required]|
For the distribution devolution of property not determined by a will, see inheritance and intestacy. Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration.
Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law that determines who is entitled to the property from the estate under the rules of inheritance.
Wills have a lengthy history. Omission may occur because the testator did not know of the omitted person at the time the will was written. Lapse and anti-lapse are complementary concepts under the US law of wills, which address the disposition of property that is willed to someone who dies before the testator.
Forced heirship is generally a feature of civil-law legal systems which do not recognize total freedom of testation. The forced estate is divided into shares which include the share of issue and the spousal share. This provides a minimum protection that cannot be defeated by will. The free estate, on the other hand, is at the discretion of a testator to be distributed by will on death to whomever he or she chooses.
Takers in the forced estate are known as forced heirs. The law of persons in South Africa regulates the birth, private-law status and the death of a natural person. It determines the requirements and qualifications for legal subjectivity in South Africa, and the rights and responsibilities that attach to it. It forms part of private law. The court held that section 23 of the Black Administration Act, in applying the system of male primogeniture, was incompatible with sections 9 equality and 10 dignity of the Constitution.
Briefly, the deceased left a will stipulating that her adopted son would inherit her estate in the event of her death. The will added, however, that, if he predeceased her, her mother would inherit the estate. Their son-in-law subsequently murdered Mr.
At the time of their deaths, Mr. The nasciturus was born alive, but died when it was six months old. In terms of the Intestate Succession Act, Mr.
In Estate Orpen v Estate Atkinson, an important case in the South African law of succession, the testators, the Atkinsons, massed their estates in a joint will.
They had one child, a daughter. According to the stipulations of the will, the massed estate would, upon the death of Mr. Atkinson, should he die first, be handed over to the executors of the estate, who would act as trustees; a trust was thus created. This document was not signed by witnesses. The court held that there are three requirements which must be fulfilled before condonation is given: The document must be drafted or executed by a person who has since died; and who intended the document to be his will.
In Ex Parte Lutchman, an important case in South African succession law, the deceased had left certain property to his six children in equal shares in a validly executed will.
The only provision in the second will was that the son was appointed the sole heir of the insurance policies, so he did not deal with any of the rest of his estate.
Furthermore, he accidentally included a revocation clause in the new will, so its effect was that everything except the insurance policies devolved according to the law of intestate succession.
At that stage, extra-marital children of persons marriage in terms of Hindu custom could not inherit intestate. The children of the deceased approached the court to declare the second will invalid insofar as it revoked the previous will. The court held that the revocation clause in the second will was obviously a mistake, so this clause was held to be pro non scripto. In Van Zyl v Esterhuyse, an important case in the law of succession in South Africa, the applicant applied for the rectification of a joint will executed by herself and her deceased husband.
The court held that the testator could not have envisaged such a large increase. Accordingly the amount was increased to R per month, and annual increases linked to the CPI were provided for. In Ex Parte McDonald, an important case in the South African law of succession, the testator bequeathed his entire estate to a trust subject to the granting of a usufruct in favour of his wife, so long as she remained unmarried, in which she received the full use and enjoyment of the income of his estate.
Her life interest was subject to the condition that she should provide for, maintain and educate the children during their respective minorities.
Inheritance law regulates the financial consequences that arise as a result of the death of individuals, as well as the subsequent transfer of their assets. The governing legislation in Bulgaria regulating the legal aspects of the subject is the Bulgarian Inheritance Act.
EX PARTE BOEDEL STEENKAMP PDF
Re Beaglehole TS 49 The facts are as follows: A testator left an amount of money to beneficiary. The executor of the estate had paid the money to the master of the High Court because the testator could not be traced. The executor applied for an order of to pay the estate over to him the executor so he could pay the money to the testators remaining heirs. It was alleged that the executor had not been heard from in over 15 years and therefore is presumed dead. The court refused to issue the presumption of death. The legal question: What law system should be applied during the hearing of the case in question?
Ex Parte Boedel Steenkamp
Notes 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. The court looked into the old authorities and concluded that this is possible, and what law principles the dispute featured. Upon the facts, the relationship did not bring them within the category of conjunctissima, but under different circumstances it may be brought under this category, as would be the case, for example, if the grandparents had raised the child as their own.
Ex parte Steenkamp and Steenkamp
Goshakar YouTube Videos [show more]. The law of succession comprises two branches, namely the common law of succession and the law of succession. The estate is worth R, If B is unworthy to inherit, or if he chooses not to, F and G may represent B in order to inherit. The question before the court was whether the nasciturus could inherit.