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Customary Law and a Valid Executed Will
Not all rules and regulations are governed by written Legislation. The Constitution of South Africa recognises unwritten “Legislation” namely, Common and Customary Law. Customary Law is defined as: “An established system of immemorial rules which has evolved from the...
Section 2C (1) of the Wills Act declared invalid by the Constitutional Court – The effect on polygamous Muslim Marriages
Section 2C (1) of the Wills Act 7 of 1953 as amended (hereinafter referred to as the “Wills Act”), previously prevented surviving spouses who entered into polygamous Muslim marriages, in terms of Muslims rites only, from inheriting repudiated shares of a deceased’s...
Testamentary Trusts
We all have read and heard somewhere in our lives of the importance of a Will. However, we have not heard the reasons as to why we need to make provision for a testamentary trust in our Wills. As we are celebrating Youth Month in June, we are now more aware than ever...