- I received an A for this exam and relied on these notes
- notes on all units
- contains table with all cases (prescribed and non prescribed)
- contains a quiz/flashcards on all the latin and foreign terminology from all the sections
- contains notes on the Trust Property Control Act (every...
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
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller LawGuru. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.67. You're not tied to anything after your purchase.
