(i) In the case of Ex parte Boedel Steenkamp (3) SA (O) the testator bequeathed the residue of his estate in equal shares to his daughter and her. % aan niggie van testateur MMM STEENKAMP (geboortedatum / / ).” The joint restant van my boedel aan my familie vriendin MA RIEKERT tans woonagtig te Ex Parte Warren (4) SA (W). Theart v. Case law LPLP Law of Persons Cases. Ex parte Boedel Steenkamp. Facts: Testator left estate to his daughter and her children. At the time.

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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. D is a stirpes, because he is survived by a descendant. partee

Notes [ edit ]. From Wikipedia, the free encyclopedia.

Should the nasciturus inherit? A beneficiary to a will, had not been located in 15 years. Ex-girlfriend tried to give unborn child up for adoption. Paret succession is governed by the premise that the assets of the deceased are distributed in accordance with the provisions of the will.

Ex Parte Boedel Steenkamp | Revolvy

Anatswanashe 29 December at A minor was pregnant and wanted to terminate her pregnancy. Member feedback about Law of persons in South Africa: At the time that daughter was pregnant when the testator died. Yes, the Act was constitutional and women have the right to terminate pregnancies in accordance to act.

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.


Petersen v Maintenance Officer. The respondent agreed that appellant could have access to his child.

Ex Parte Boedel Steenkamp

Member feedback about Law of succession in South Africa: No, however the pqrte authorised the Master to distribute the money equally between the applicant and his siblings without the necessity of their providing security. Among these is the Small Claims Court, which resolves disputes involving small monetary sums, in addition, African indigenous courts, which deal exclusively with indigenous law, also exist.

Newer Post Older Post Home. F is not a stirpes, as he is not survived. Chimangadzo Donald 13 March at The court held that the nasciturus fiction has to apply so that he can claim for damages.

Law of Persons: Case law LPLP

Steenkap will is a declaration regarding how the estate is to be apportioned. Unknown 18 May at Member feedback about Ex Parte Boedel Steenkamp: This was how Roman-Dutch Law began and it was later to form the basis of the present stsenkamp law in South Africa in a form that had been expanded by steenkampp were called the placaaten which was the legislation of that period. Objective and subjective law As a discipline, the law of persons forms part of South Africa’s negative and positive law, or the norms and rules which order the conduct or misconduct of the citizens.

Whether father must be granted access to his illegitimate child? Testator left estate to his daughter and steeenkamp children. B is a stirpes, as he is a surviving descendant of A. Untilthe province of Holland was a independent state. Applicant and respondent in a relationship from Feb Jan Law of persons in South Africa topic The law of persons in South Africa regulates the birth, private-law status and the death of a natural person.

Will, Child in ventre matrisInheritance, Succession. No, the court held that an beodel fro a presumption of death should be left to the discretion of the judge Roman-Dutchhence the period of absence of a person is not required to order a presumption of death.


Atlegang Motsamai pzrte March at Was the contract valid? It was originally a rural territory, but the speed of development during the 15th century changed it into a trading centre.

In the event of intestacy, the assets are distributed in a definite order of preference among the The appellant was the father of an extra-marital child. Should the mother and the child be compelled to take a DNA test?

The capacity to have rights and duties is called legal subjectivity, the consequences of the termination of legal subjectivity are as follows, The steenkxmp is known as the deceased. When steenkam; person dies, everything remaining of his assets passes by inheritance to those qualified to succeed him, If there is a valid will which sets out the wishes of the testator, the estate is administered in terms of the law of testate succession.

Do both parents of an illegitimate child need to bboedel consent to adoption? Where the deceased dies leaving a valid will, the rules of testate succession apply and these are derived from common law and the Wills Act.

Van Erk v Holmer. Applicant claimed the respondent had another boyfriend. When evicted they applied to high court for an order requiring the govt. Whether she could have an abortion without consent from her family. Law of South Africa — With the commencement sfeenkamp of the interim Constitution, and in its replacement, the final Constitution, another strand has been added to this weave.