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Law Of Succession In South Africa
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 creditors) may have in a deceased's estate. It forms part of private law. The manner in which assets are distributed depends on whether the deceased has left a valid will or other valid document containing testamentary provisions, such as an antenuptial contract. If the deceased has not left a valid will or valid document containing testamentary provisions, the deceased dies intestate; similarly, if the deceased leaves a valid will which does not dispose of all property, there is an intestacy as to the portion not disposed of. In the event of intestacy, the assets are distributed in a definite ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini. It also completely enclaves the country Lesotho. It is the southernmost country on the mainland of the Old World, and the second-most populous country located entirely south of the equator, after Tanzania. South Africa is a biodiversity hotspot, with unique biomes, plant and animal life. With over 60 million people, the country is the world's 24th-most populous nation and covers an area of . South Africa has three capital cities, with the executive, judicial and legislative branches of government based in Pretoria, Bloemfontein, and Cape Town respectively. The largest city is Johannesburg. About 80% of the population are Black South Afri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ex Parte Graham
''Ex Parte Graham'' 1963 (4) SA 145 (D) is an important case in the South African law of persons and succession. 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. The deceased and her son subsequently died in a plane crash, and the Registrar sought an order declaring that they had died simultaneously. This order was granted. See also * South African law of persons * South African law of succession References * ''Ex Parte Graham'' 1963 (4) SA 145. Notes South African case law 1963 in case law 1963 in South African law Law of succession in South Africa {{SouthAfrica-case-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pillay V Nagan
In ''Pillay v Nagan'', an important case in the South African law of succession, Nagan forged his mother's will Will may refer to: Common meanings * Will and testament, instructions for the disposition of one's property after death * Will (philosophy), or willpower * Will (sociology) * Will, volition (psychology) * Will, a modal verb - see Shall and will ... and subsequently told people that he had done so. His siblings then approached the court to declare Nagan unworthy of inheriting. The court held that Nagan's fraudulent act was sufficient to declare him unworthy of inheriting. See also * South African law of succession Sources * ''Pillay v Nagan'' 2001 (1) SA 410 (D). Law of succession in South Africa South African case law 2001 in South African case law {{SouthAfrica-case-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ex Parte Meier
''Ex Parte Meier en Andere'', an important case in South African succession law, concerned an application for the appointment of a ''curator bonis'' to manage the estate of a patient, one Armin Karel Meier. An order was also claimed that the patient was entitled to inherit from his father's estate. It appeared that the patient, while mentally disturbed, had on May 18, 1977, shot and killed his father, in "an apparently unmotivated, cold-blooded shooting."156. Utilising the maxim “waar daar geen skuld is nie, is daar geen stra nie”—where there is no fault, there is no punishment—the court held that the patient was not an ''indignus'', and that he lacked the criminal responsibility to be found guilty of the crime. Accordingly, he was entitled to inherit from his father's estate. The matter was heard on January 18, 1980. The applicants' attorneys were Savage, Jooste & Adams. MC de Klerk appeared for the applicant, PP Delport for the curator ''ad litem''. See also * Law of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ex Parte Steenkamp And Steenkamp
In ''Ex Parte Steenkamp and Steenkamp'', an important case in the South African law of succession, Mr. and Mrs. K. bequeathed a farm and certain movable property to their children born and to be born of their daughter. Their son-in-law subsequently murdered Mr. and Mrs. K. At the time of their deaths, Mr. and Mrs. K's daughter and son-in-law had two children, and the daughter was pregnant with a third child. The ''nasciturus'' was born alive, but died when it was six months old. 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: # Can a murderer inherit form the heir of his victim? The court looked into the old authorities and concluded that this is possible, and what law principles the dispute featured. # ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Casey V The Master
The facts of the case in ''Casey v The Master'', an important case Case or CASE may refer to: Containers * Case (goods), a package of related merchandise * Cartridge case or casing, a firearm cartridge component * Bookcase, a piece of furniture used to store books * Briefcase or attaché case, a narrow box to c ... in the South African law of succession, the deceased and her husband were married in community of property and had a joint will, whereby both spouses bequeathed their half of the joint estate to each other. Being safety-conscious, each night the deceased's husband slept with a loaded revolver under his pillow. One night the revolver accidentally went off while the couple was sleeping; the bullet struck the deceased, who subsequently died. The deceased's husband was convicted of culpable homicide.Casey No v The Master and Others 1992 (4) SA 505 (N) The legal question arose of whether or not someone who negligently killed another may inherit in terms of the decea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
L Taylor V AE Pim
In ''L. Taylor v AE Pim'', an important case in the South African law of succession. Events A widow hired a man, Pim, to assist with her business. She subsequently began dating the man; she also started developing severe alcoholism. In terms of her will, Pim was to be the sole heir of her assets.L Taylor v AE Pim (1903) 24 NLR 484 Shortly before the deceased's death, she and Pim were on holiday together. When the deceased fell ill, Pim refused to allow the hotel in which they were staying to call a doctor for her. Finally, they insisted it was their duty to call one, who duly arrived. Due to the doctor's late arrival, however, she died. The court held that, although Pim had not caused her death, he had allowed the testatrix to lead an immoral life, and was the one who had encouraged her alcohol abuse; therefore, he was unworthy to inherit from her estate. See also * Law of succession in South Africa * Law of persons in South Africa The law of persons in South Africa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fetus
A fetus or foetus (; plural fetuses, feti, foetuses, or foeti) is the unborn offspring that develops from an animal embryo. Following embryonic development the fetal stage of development takes place. In human prenatal development, fetal development begins from the ninth week after fertilization (or eleventh week gestational age) and continues until birth. Prenatal development is a continuum, with no clear defining feature distinguishing an embryo from a fetus. However, a fetus is characterized by the presence of all the major body organs, though they will not yet be fully developed and functional and some not yet situated in their final anatomical location. Etymology The word ''fetus'' (plural ''fetuses'' or '' feti'') is related to the Latin '' fētus'' ("offspring", "bringing forth", "hatching of young") and the Greek "φυτώ" to plant. The word "fetus" was used by Ovid in Metamorphoses, book 1, line 104. The predominant British, Irish, and Commonwealth spelling is '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hotchpot
In civil and property law, hotchpot (sometimes referred to as hotchpotch or the hotchpotch rule) is the blending, combining or offsetting of property (typically gifts) to ensure equality of a later division of property. The name hotch-pot is taken from a kind of pudding, and is derived from the French word ''hocher'', or "shake." It was used as early as 1292 as a legal term, and from the 15th century in cooking for a sort of broth with many ingredients (see Hodge-Podge soup), and so it is used figuratively for any heterogeneous mixture. Use It commonly arises in cases of divorce financial proceedings often in the guise of other names and general principles used. Hotchpot remains of occasional use in a dwindling range of jurisdictions worldwide to divide up a deceased person's estate subsequent to gift(s) which the local law considers: *"advanced" under general applicable intestacy rules or family/other trusts by the donor (also known as a settlor where an express trust has bee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Condictio Indebiti
The ''condictio indebiti'' is an action in civil (Roman) law whereby a plaintiff may recover what he has paid the defendant by mistake; such mistaken payment is known as ''solutio indebiti''. This action does not lie # if the sum was due '' ex aequitate'', or by a natural obligation; # if he who made the payment knew that nothing was due, for ''qui consulto dat quod non debet, praesumitur donare'' (who gives purposely what he does not owe, is presumed to make a gift). The action is extant in civil (Roman) or hybrid law regimes, e.g. Norway, South Africa and Scotland .See e.gThe common law of South Africa By Manfred Nathan, Johannes Voet/ref> See also *Condictio causa data causa non secuta The ''condictio causa data causa non secuta'' under Roman law was an action ("condictio") for recovery of a transfer of property, where the purpose for the transfer had failed (''causa non secuta''). During the recognition of innominate contracts, ... § 812 I 1 1. Alt BGB (German Civil Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unjust Enrichment
In laws of equity, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. Where an individual is unjustly enriched, the law imposes an obligation upon the recipient to make restitution, subject to defences such as change of position. Liability for an unjust (or unjustified) enrichment arises irrespective of wrongdoing on the part of the recipient. The concept of unjust enrichment can be traced to Roman law and the maxim that "no one should be benefited at another's expense": ''nemo locupletari potest aliena iactura'' or ''nemo locupletari debet cum aliena iactura''. The law of unjust enrichment is closely related to, but not co-extensive with, the law of restitution. The law of restitution is the law of gain-based recovery. It is wider than the law of unjust enrichment. Restitution for unjust enrichment is a subset of the law of restitution in the same way that compensation for breach of contract is a subset of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Universal Succession
Universal is the adjective for universe. Universal may also refer to: Companies * NBCUniversal, a media and entertainment company ** Universal Animation Studios, an American Animation studio, and a subsidiary of NBCUniversal ** Universal TV, a television channel owned by NBCUniversal ** Universal Kids, an American current television channel, formerly known as Sprout, owned by NBCUniversal ** Universal Pictures, an American film studio, and a subsidiary of NBCUniversal ** Universal Television, a television division owned by NBCUniversal Content Studios ** Universal Parks & Resorts, the theme park unit of NBCUniversal * Universal Airlines (other) * Universal Avionics, a manufacturer of flight control components * Universal Corporation, an American tobacco company * Universal Display Corporation, a manufacturer of displays * Universal Edition, a classical music publishing firm, founded in Vienna in 1901 * Universal Entertainment Corporation, a Japanese software producer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
