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

murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...

ed 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 Pregnancy is the time during which one or more offspring develops (gestation, gestates) inside a woman, woman's uterus (womb). A multiple birth, multiple pregnancy involves more than one offspring, such as with twins. Pregnancy usually occur ...

with a third child. The ''nasciturus'' was born alive, but died when it was six months old. In terms of the

Intestate Succession 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 estat ...

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. # Did the child's relationship to the

grandparent Grandparents, individually known as grandmother and grandfather, are the parents of a person's father or mother – paternal or maternal. Every sexually-reproducing living organism who is not a genetic chimera has a maximum of four genetic gra ...

s bring them within the category of ''conjunctissima''? 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. # Was there a causal nexus between the murder and the enrichment? The court held that a causal nexus must be shown and that in this case, although there was factual causation, the legal cause of the enrichment was not the murders but rather the birth and death of the child. Accordingly, the court held that the son-in-law could inherit from the child. This judgment has been severely criticized. Writers believe that there was no ''

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'', and therefore that there was legal causation.

References

* ''Ex parte Steenkamp and Steenkamp'' 1952 (1) SA 744 (T).

Notes

Law of succession in South Africa South African case law 1952 in South African law 1952 in case law {{SouthAfrica-case-law-stub

See also

References

Notes