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This document discusses several topics related to intestate and testate succession in South African law: - Extra-marital children are considered children of both mother and father for intestate succession, regardless of marriage. For testate succession, they are included if mentioned in the will. - Adopted children are treated as natural children of adoptive parents for intestate succession, but for testate succession they are only included if mentioned in the will of the adoptive or natural parents. - The class of beneficiaries closes at the time of devolution of the benefit. Only those who are alive or conceived at that time are included. - Unworthy persons who hide, destroy or forge a will

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517 views3 pages

Theme 5

This document discusses several topics related to intestate and testate succession in South African law: - Extra-marital children are considered children of both mother and father for intestate succession, regardless of marriage. For testate succession, they are included if mentioned in the will. - Adopted children are treated as natural children of adoptive parents for intestate succession, but for testate succession they are only included if mentioned in the will of the adoptive or natural parents. - The class of beneficiaries closes at the time of devolution of the benefit. Only those who are alive or conceived at that time are included. - Unworthy persons who hide, destroy or forge a will

Uploaded by

Penny
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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26l08l2OLs

GENERAL

GENERAL

Extra-marital children

Intestate = Yes
"nascitu rus"

lntestate succession
problem

no

Considered "child" of both


mother and father

Section 2D(1)(c)
Children who are alive or
who have already been
conceived and later born
alive
Unless context indicates
otherwise

irrespective of marriage
Testate - Section 2D(1)(b)

Slu.tunrlThcms l:ccneal

GENERAL

GENERAL

Which persons from class


are included?
When does the class close?

lntestate succession - adoPted


child is regarded for all practical
purposes as the natural child of
the adoptive Parents
lhtestate = only adoptive parentsl

Section 2D(1)(c)

Testate succession - Section


2D(1)(a) - if included ln will as
beneficiarv (bqtI adoptive and
natural parents)

slldy unil

Th0mc 5

I I

Cc.eril

Those persons who are alive


or conceived and born alive
At the time of the
devolution of the benefit

26/08/2OLs

Bequest in Will to
Spouse and Children
No provision for
su

bstitution

Surviving spouse and

.
.
.

Only descendants = 2C(2) all


I !
Shrdy

UNWORTHY PERSONS

(Expanded

l,nrtftcmc 5 l:

dv

lrn

He

His

Chlld repudlates

wlll not be representedl


benetltwlllaccrueto the

survlvlng spouse
Sectlon 2C1

Ccncral

UNWORTHY PERSONS

public policy)
Hides or destroys or for8es

Statutorv Provisions

5rL

Option 2: Chlld is unworthy


. He wlll be represented by hls
descendants
. Sectlon 2C(2)

gplDll:

descendants = 2C(1) onlv

when repudlationll!
instances!

Option 1: Chlld ls predeceased


. He wlll be represented by hls
descendants
. sectlon 2C(2)

Jh.,nc 5

testator's Will/ influences Will

aic..r.r1

INHERIT
Person who si8ns on behalf
testator {or 5pouse)

of

writes the will on behalf of


testator (own handwriting) (or
spousel

Court may declare competent if satisfied that no


inf luence / fraud - WHOLE BENEFIT

i
,
:

lf tnat persons would have entitled to a benefit in


terms of rules of intestate succession - LIMITED TO

lf witness: if there are at least rwo other witnesses


WHOLE BENEFIT

INTESTATE BENEFIT

r".ryu"riil"icsi

r;'iinrliri"nn',r- --

i:-

26/08/21rs

UNWORTHY TO INHERIT
Eenefit:
trustee,

executor,
BUardian

(and their

spouses) j

'

E.g. executor may not be


appoinled (benefit) if he
acted as

__li,_-__r

witness

Consequence of incapacity = representation

\lr d\ | ,r'r Th.m, : ? lncrfirrLy i(, lnhur r

Il

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