Topic 2 Flashcards
define intestate succession
the rules or norms
that determine how succession should take place
when there is a failure to effectively dispose of one’s estate by means of a valid will
what are the four circumstances when intestate succession takes place
- no valid will
- valid will that later becomes wholly or partially inoperative
- valid will, but fails to dispose of all the deceased’s assets
- invalid will - doesnt comply with all the formalities
what is parentela
a descendant or ascendant group and their descendants
define stirps
the surviving descendant of the deceased and if that descendant is predeceased, then their surviving child
what is vesting
vesting occurs when legal ownership of property or legal rights settle on a beneficiary
when does vesting occur when a person dies with a valid will
on day of death
when does vesting occur in the case where a will was valid, but later becomes wholly or partially invalid?
on day when factually determined that the will/ parts thereof has failed
case?
what is the name of the case where it was held that vesting takes place at the day it becomes factually determined that it’s failed?
what legislation regulates extramarital children’s capacity to inherit and what does it say?
s1(2) of the Intestate Succession Act
illegitimate doesn’t affect capacity to inherit from both parents
artificial insemination
woman unmarried
donor stranger
common law position
= only mother
artificial insemination
woman married
donor stranger
husband consent v not consent
consent = inherit from both parents
not consent = common law position = only mother
artificial insemination by donor who is not the husband at time of infertilisation
can child inherit from donor?
no
donor has no obligations / rights / responsibility
artificial insemination
women in civil union
donor 3rd party
spouse consents
child inherit from both mothers
position of a surrogate child?
valid surrogacy agreement = both commissioning parents
defective / rescinded by court
= surrogate mother
what is decided in Flynn v Farr ?
only legal adoption givers rise to intestate succession rights
not de facto relationships
what case held that spouses of a muslim marriage should be included in the definition of spouse
Daniels v Campbell
what case held that spouses of a Hindu marriage should be included in the definition of spouse
Govender v Rag -ava-yah
court case
held should include polygynous muslim marriages
Hassam v Jacobs
court case
read in same sex life partners with reciprocal duties of support
Gory v Kolver
court case
should still read in same-sex… after civil union act?
Laubscher v Duplan and Another
court case
unmarried homosexual partners
original position
Volks v Robinson
