Succession
Study Units 1-13
Prescribed cases are in purple
Case Name: Outcome:
Greenberg v Estate A legatee does not acquire ownership in the property on the death of
Greenberg the testator but rather vested right to claim from the testator’s
executors
Gory v Kolver those who live in a permanent same-sex partnership are entitled to
inherit from the intestate estate of the deceased
Laubscher v Duplan same-sex permanent partners will continue to enjoy intestate
succession rights under the Intestate Succession Act the same as
opposite-sex partners
Govender v Ragavayah a spouse to a monogamous Hindu marriage concluded in accordance
with Hindu rites (in other words, not in terms of the Marriage Act) can
inherit in terms of the Intestate Succession Act
Hassam v Jacobs If the deceased was survived by multiple spouses, each surviving
spouse can inherit intestate from the deceased
The Intestate Succession Act must be read as though the words ‘or
spouses’ appear after the word ‘spouse’
Daniels v Campbell ‘spouse’ as used in the Intestate Succession Act automatically includes
the surviving spouse to a monogamous Muslim marriage
Volks v Robinson a surviving partner (not only spouse) to a permanent heterosexual life
partnership can institute a maintenance claim under the Maintenance
of Surviving Spouses Act
Moosa v Minister of a “surviving spouse'” includes every husband and wife of a
Justice monogamous and polygamous Muslim marriage solemnised under the
religion of Islam
, 1
In re BOE Trust Ltd The testator envisaged the probability of the bursary bequest being
impossible to implement, and she identified a number of charities who
then had to be benefitted instead. The alternative devolution in favour
of the charities therefore had to occur, in accordance with the testator’s
directions
King v De Jager the exclusion of female descendants in a fideicommissary is
inconsistent with the Constitution
Bwanya v The Master section 1 of the Intestate Succession is unconstitutional in so far as it
excludes life partners in a relationship intended to be permanent from
the definition of “spouse”
Wilsnach v TM A grandparent who assumed a parental role in respect of a child can
inherit as a ‘parent’ from that child’s intestate estate
Minister of Education Removed the discriminatory limitations from a testamentary bursary
v Syfrets bequest that granted bursaries to students at the University of Cape
Town . The will stipulated that bursary recipients may only be ‘of
European descent’ and may not be of Jewish descent or female
Tregea v Godart testator must be of sufficiently sound mind to understand the essence
of what will-making entails
by being capable of recollecting:
- what property is available in their estate to bequeath in their
will
- the manner of distributing such property
- who were the beneficiaries to whom property was bequeathed
Katz v Katz a testator must appreciate the nature of the act:
- that they are disposing of property to beneficiaries after death
and the nomination of an executor a testator must be able to
distinguish between potential beneficiaries
- a testator must appreciate the nature, extent and value of their
estate
- Undue influence must be proven on the facts before a court
Essop v Mustapha - moment for establishing a testator’s capacity to make a will is
the moment of the will’s execution
- A testator’s mental condition at the time of issuing instructions
for the making of a will can inform a court’s view on the
testator’s mental capacity
- The mere fact that a testator was of advanced age or suffered
from serious illness at the time of executing a will, does not
Kaya Borkowski
Study Units 1-13
Prescribed cases are in purple
Case Name: Outcome:
Greenberg v Estate A legatee does not acquire ownership in the property on the death of
Greenberg the testator but rather vested right to claim from the testator’s
executors
Gory v Kolver those who live in a permanent same-sex partnership are entitled to
inherit from the intestate estate of the deceased
Laubscher v Duplan same-sex permanent partners will continue to enjoy intestate
succession rights under the Intestate Succession Act the same as
opposite-sex partners
Govender v Ragavayah a spouse to a monogamous Hindu marriage concluded in accordance
with Hindu rites (in other words, not in terms of the Marriage Act) can
inherit in terms of the Intestate Succession Act
Hassam v Jacobs If the deceased was survived by multiple spouses, each surviving
spouse can inherit intestate from the deceased
The Intestate Succession Act must be read as though the words ‘or
spouses’ appear after the word ‘spouse’
Daniels v Campbell ‘spouse’ as used in the Intestate Succession Act automatically includes
the surviving spouse to a monogamous Muslim marriage
Volks v Robinson a surviving partner (not only spouse) to a permanent heterosexual life
partnership can institute a maintenance claim under the Maintenance
of Surviving Spouses Act
Moosa v Minister of a “surviving spouse'” includes every husband and wife of a
Justice monogamous and polygamous Muslim marriage solemnised under the
religion of Islam
, 1
In re BOE Trust Ltd The testator envisaged the probability of the bursary bequest being
impossible to implement, and she identified a number of charities who
then had to be benefitted instead. The alternative devolution in favour
of the charities therefore had to occur, in accordance with the testator’s
directions
King v De Jager the exclusion of female descendants in a fideicommissary is
inconsistent with the Constitution
Bwanya v The Master section 1 of the Intestate Succession is unconstitutional in so far as it
excludes life partners in a relationship intended to be permanent from
the definition of “spouse”
Wilsnach v TM A grandparent who assumed a parental role in respect of a child can
inherit as a ‘parent’ from that child’s intestate estate
Minister of Education Removed the discriminatory limitations from a testamentary bursary
v Syfrets bequest that granted bursaries to students at the University of Cape
Town . The will stipulated that bursary recipients may only be ‘of
European descent’ and may not be of Jewish descent or female
Tregea v Godart testator must be of sufficiently sound mind to understand the essence
of what will-making entails
by being capable of recollecting:
- what property is available in their estate to bequeath in their
will
- the manner of distributing such property
- who were the beneficiaries to whom property was bequeathed
Katz v Katz a testator must appreciate the nature of the act:
- that they are disposing of property to beneficiaries after death
and the nomination of an executor a testator must be able to
distinguish between potential beneficiaries
- a testator must appreciate the nature, extent and value of their
estate
- Undue influence must be proven on the facts before a court
Essop v Mustapha - moment for establishing a testator’s capacity to make a will is
the moment of the will’s execution
- A testator’s mental condition at the time of issuing instructions
for the making of a will can inform a court’s view on the
testator’s mental capacity
- The mere fact that a testator was of advanced age or suffered
from serious illness at the time of executing a will, does not
Kaya Borkowski
