Category Archives: Succession Law

Law of Succession: Johannes Steyn Botha N.O. v Master of the High Court and Two Others: Acceptance of a codicil not conforming to the Wills Act

Section 2 (1) (b) (i) (ii) and (iii) of the Wills Act 7 OF 1932 stipulates that no amendment made in a will executed shall be valid unless: 1. The amendment is identified by the signature of the testator in the presence of two or more competent witnesses present at the same time; 2. The amendment is further identified by the signature of such witnesses made in the presence of the testator and of each other.

In the unreported judgment of Johannes Steyn Botha N.O... Read More

Section 37C of the Pension Funds Act: a deviation from the freedom of testation

Busisiwe Bam takes a look at section 37C pf the Pension Funds Act and how it in fact restricts the wishes expressed in a will.

Section 37C makes provision for the disposition of pension benefits upon the death of a member. In terms of this section any benefit payable by a fund upon the death of a member shall not form part of the assets of the deceased estate of such member but shall be dealt with by the board of trustees of that particular fund in the manner prescribed in terms of said fund... Read More

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