Intestate succession in South African law takes place whenever the deceased leaves property which has not been disposed of by valid testamentary instrument. In other words, the law of intestate succession applies only:
* when the testator has left no valid will or testamentary disposition contained in a valid pactum successorium (e.g., antenuptial contract, gift mortis causa); or
* when he leaves a will which fails for some or other reason.
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| - Intestate succession in South African law (en)
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| - Intestate succession in South African law takes place whenever the deceased leaves property which has not been disposed of by valid testamentary instrument. In other words, the law of intestate succession applies only:
* when the testator has left no valid will or testamentary disposition contained in a valid pactum successorium (e.g., antenuptial contract, gift mortis causa); or
* when he leaves a will which fails for some or other reason. (en)
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| - Cape Town
- Bhe v Magistrate, Khayelitsha
- Maurits Pasques de Chavonnes
- Children's Act, 2005
- Friesland
- Marriage Act, 1961 (South Africa)
- Recognition of Customary Marriages Act, 1998
- Community property
- Zeeland
- Matrimonial regime
- Inheritance
- Hassam v Jacobs
- Law of succession in South Africa
- 2009 in literature
- Afrikaans
- Dutch Cape Colony
- Dutch East India Company
- Dutch East Indies
- North Holland
- Oxford University Press
- Daniels v Campbell
- Govender v Ragavayah
- States-General of the Netherlands
- Artificial insemination
- Law of South Africa
- States of Holland and West Friesland
- South Holland
- Civil Union Act, 2006
- Per stirpes
- Roman-Dutch law
- Bhe v The Magistrate, Khayelitsha
- Gory v Kolver
- Black Administration Act, 1927
- dbr:Matrimonial_Property_Act,_1984
- dbr:Child_Care_Act,_1983
- dbr:Intestate_Succession_Act,_1987
- dbr:Estate_Baker_v_Estate_Baker
          - dbr:Law_of_Succession_Amendment_Act,_1992
- dbr:Maintenance_of_Surviving_Spouses_Act,_1990
- dbr:Reform_of_Customary_Law_of_Succession_and_Regulation_of_Related_Matters_Act,_2009
- dbr:Succession_Act,_1934
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| - Intestate succession in South African law takes place whenever the deceased leaves property which has not been disposed of by valid testamentary instrument. In other words, the law of intestate succession applies only:
* when the testator has left no valid will or testamentary disposition contained in a valid pactum successorium (e.g., antenuptial contract, gift mortis causa); or
* when he leaves a will which fails for some or other reason. Intestacy may be total (applying to the whole of the assets left by the deceased) or partial (applying to a portion only of his assets), for the deceased may die partly testate and partly intestate: for example, if the deceased bequeaths his car to his son but does not mention the rest of his estate. Intestacy is total when none of the assets are disposed of by a valid will: for example, where there is no will at all, or only a will which is void, or which has been revoked. Intestacy is partial when the deceased has left a valid will which, however, does not dispose of all his assets; in this event there is an intestacy as to the undisposed residue. This may happen in many circumstances: for example,
* where the will does not appoint an heir at all, but appoints only legatees, and a residue is left over after the liabilities and the legacies have been satisfied;
* where the appointed heir(s) fail to succeed;
* where an heir is appointed to a fractional portion of the estate only, and there is no other disposition of property;
* where heirs have been appointed, each to a fractional portion of the estate, and the disposition to one of them is a nullity, or one of them fails to succeed to his share. Furthermore, intestacy can occur if certain conditions in an otherwise valid will are not fulfilled, or if benefits have been repudiated and no provision has been made for substitution, and accrual cannot take place. (en)
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