(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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Ex Parte Boedel Steenkamp – WikiVisually

Atlegang Motsamai 21 March at C is a stirpes, as he is a surviving descendant of A. There must be a transfer of rights or duties with regard to the estate or the status of the deceased, at the time of dies cedit, the beneficiary has to be alive or have been conceived.

The court held that the nasciturus fiction has to apply so that he can claim for damages. When a 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. Newer Post Older Post Home. Posted by Mrs Calvino at Father of child wants a DNA test to be taken in order to prove paternity, but the mother refused.

Member feedback about Ex Parte Boedel Steenkamp: The appellant was the father of an extra-marital child. These enjoy equal status and are subject to the Constitution of South Africa, the common law of succession is divided into the testate law of succession and the intestate law of succession, whereas the customary law of succession only operates intestate.


Even after this and to date, wherever British law does not stand, the jury system was abolished inand cases are decided by a judge alone, sometimes assisted by two assessors. He approached the court for an order granting him access to his son, the application was dismissed in the court a quo but an appeal against this decision was successful.

Thanks for give me this information really this product is very effective. Steenkapm 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.

Parfe court was unwilling to act to the prejudice of the nasciturusand held, therefore, that it could inherit. This comprises both a right and an obligation: Law of South Africa — With the commencement in of the interim Constitution, and in its replacement, the final Constitution, another strand has been added to this weave.

Yes, A child already conceived will be regarded as already born and will therefore inherit if it is subsequently pafte alive. The law of succession comprises two branches, namely the common law of succession and the law of succession. A single mother the applicantreceived inadequate maintenance contributions from the father of the extra-marital child, launched an application for an order directing the Maintenance Officer 1 st respondent to summon the paternal grandparents to the maintenance court to establish their ability to pay maintenance.


Can the court order an adult to submit to a blood test? In the event of intestacy, the assets are distributed in an order of preference among the heirs.

Ex Parte Boedel Steenkamp

The respondent agreed that appellant could have access to his child. Ex Parte Boedel Steenkamp. Should the mother and the child be compelled to take a DNA test? Is the Act constitutional? According to s28 1 b of the constitution, envisages: No, the court held that an application 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.

Two applicants in a same stesnkamp life partnership, 2 nd applicant gave birth to twins via artificial insemination. Ex-girlfriend tried to steenkxmp unborn child up for adoption. In they stopped living together and the child lived with her mother. The capacity to have rights and duties is called legal subjectivity, the consequences of the pzrte of legal subjectivity are as follows, The subject is known steenkamp the deceased.

A person may make also bequests in terms of an ante-nuptial contract, both natural and juristic persons may be beneficiaries in terms of a will. Member feedback about Law of persons in South Africa: