Lecture 14

Question 1

Consequences of dissolution

Answer 1

1) Divorce
2) Death

Question 2

Change in status

Answer 2

Status changes to unmarried
✓ Wife can take husband’s surname
*May retain surname
✓ Minor regarded as a major
*Retains majority
✓ Impediments based on affinity are created
*Impediments due to relationship by affinity remain
✓ Can inherit intestate
*Can no longer inherit intestate

Question 3

Constitutionality of s 2B of Wills Act

Answer 3

JW v Williams Ashman NO and Others 2020
the provision disinherits the former spouse and results in their
inheritance devolving by way of intestate succession

Question 3

S 25(1) of the Constitution provides that no one may be deprived
of property except in terms of a law of general application, and
no law may permit the arbitrary deprivation of property