Freedom of testation and our Constitution

Freedom of testation and our Constitution A will drafted in 1902 created a fideicommissum for three generations. The first generation of heirs included the testator’s children, both sons and daughters.  However, the fiduciaries and eventual fideicommissaries were limited to the male descendants in each generation from the second generation.  In King v De Jager; 2021… Continue Reading

Removing an executor from office

The Master of the High Court (‘the Master’) appoints someone called an ‘executor’ to administer a deceased estate where the estate is worth R250,000 or more. The Master issues what are called ‘Letters of Executorship’ in favour of the executor.   In a smaller estate the Master normally dispenses with the appointment of an executor and… Continue Reading

Unmarried ‘survivor’ not entitled to maintenance from the estate of her deceased partner

In the case of Richard Gordon Volks NO v Ethel Robinson and Others, the Constitutional Court heard an application concerning a woman who wanted to be paid maintenance from her unmarried partner’s estate. Mrs Robinson was in a permanent heterosexual life partnership with Mr Shandling from 1985 until his death in 2001. They did not… Continue Reading

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