Study Unit 3 - Lecture 3 Flashcards
(15 cards)
What Act governed black succession from 1927?
Black Administration Act 38 of 1927
Could people make wills in traditional customary law?
No, property belonged to the agnatic group.
What did Section 23(1)–(3) say?
Customary property can’t be willed; quitrent land goes to one male heir; rest may be willed.
Who could leave their full estate by will?
Unmarried people and those in civil marriages only.
What did GN R200 enforce?
Male primogeniture for black intestate succession.
What case abolished primogeniture?
Bhe v Magistrate, Khayelitsha (2005)
What did Zondi v President decide?
Regulation 2 was unconstitutional.
What did Moseneke v Master rule?
Section 23(7) & Reg 3(1) unconstitutional; allowed choice of Master or magistrate.
When did the dual system end?
5 December 2002
Who handled estates after 6 Dec 2002?
Master of the High Court
What if the estate was under R125 000?
Magistrate could assist, on behalf of the Master.
When could magistrates still handle intestate estates?
If deceased was unmarried or in a customary marriage.
What law now applies to all estates?
Administration of Estates Act 66 of 1965
Can illegitimate children inherit today?
Yes, all children can inherit.
What was the key issue with Section 23 & R200?
Discrimination based on gender and birth status.
