(i) In the case of Ex parte Boedel Steenkamp (3) SA (O) the testator bequeathed the residue of his estate in equal shares to his daughter and her. % aan niggie van testateur MMM STEENKAMP (geboortedatum / / ).” The joint restant van my boedel aan my familie vriendin MA RIEKERT tans woonagtig te Ex Parte Warren (4) SA (W). Theart v. Case law LPLP Law of Persons Cases. Ex parte Boedel Steenkamp. Facts: Testator left estate to his daughter and her children. At the time.

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In the event of intestacy, the assets are distributed in an order of preference among the heirs. The appellant minor entered into an ante nuptial contract without the necessary consent.

Respondent minor entered into a contract of lease with the appellant, and a cheque was issued to the appellant, but was dishonoured as payment had been stopped by the respondent. Unknown 18 May at When the child was born the appellant and respondent were living together.

Untilthe province of Holland was a independent state. Newer Post Older Post Home. In they stopped living together and the child lived with her mother. No, the court held that an application fro a presumption of death should be left to the discretion of the judge Roman-Dutchhence the period of absence of a person is not required to order a presumption of death.

The capacity to have rights and duties is partr legal subjectivity, the consequences of the termination of legal subjectivity are as follows, The subject is known as the deceased.

Ex Parte Boedel Steenkamp. Member feedback about Law of succession in South Africa: Thanks you very much for this important information it really helps as a lot. The court was unwilling to act eex the prejudice of the nasciturus, and held, therefore, that it could inherit. In other words, although D and Boedeo are both deceased, D is survived by his grandchild; therefore it is D who is the stirpes, not I. According to s28 1 b of the constitution, boedwl It forms part of private law.


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Ex Parte Boedel Steenkamp – Wikipedia

The presumption of death is refused, because the evidence surrounding Mr. Among these is the Small Claims Court, which resolves disputes involving small monetary sums, in addition, African indigenous courts, which deal exclusively with indigenous law, also exist.

It was originally a rural territory, but the speed of development during the stenkamp century changed it into a trading centre. Posted by Mrs Calvino at Whether father must be granted access to his steenkwmp child?

Applicant and respondent in a relationship from Feb Jan Ex-girlfriend tried to give unborn child up for adoption. The court held that she could terminate her pregnancy according to the Choice on Termination of Pregnancy Act 92 ofas long as she was able to give her informed consent, which she did.

It identifies the beneficiaries who are entitled to succeed to the deceased’s estate, and the extent of the benefits they are to receive, and determines the different rights and duties that persons for example, beneficiaries and creditors may have in a deceased’s estate. When evicted they applied to high court for an order requiring the govt.

If there is no will, or if the will is invalid, there are a few requirements that must be fulfilled before the rules of succession can come into operation, The testator steenkammp have died. The patte relationship, between the bearer of the right boddel other legal subjects.

Basutoland received the law of the Cape Colony inand Bechuanaland, swaziland received the law of the Transvaal Colony inand South-West Africa received the law of the Cape Province inafter its conquest by South Africa.

Law of Persons: Case law LPLP

The court was unwilling to act to the prejudice of the nasciturusand held, therefore, that it could inherit. The manner in which assets are distributed depends on whether the deceased has left a valid will or other valid document containing testamentary provisions, such as an antenuptial contract.


Should the application for a presumption of death be successful? The appellant was the father of an extra-marital child. A women who was six months pregnant was involved in a motor car accident due to the negligent driving of another person, causing her child to be born with cerebral palsy.

Ex Parte Boedel Steenkamp

Even after this and to date, wherever British law does not stand, the jury system was abolished inand cases are decided by a judge alone, sometimes assisted by two assessors. Where the deceased dies leaving a valid will, the rules of testate succession apply and these are derived from common bodeel and the Wills Act.

D is a stirpes, because he is survived by a descendant. Petersen v Maintenance Officer.

Member feedback about Ex Parte Boedel Steenkamp: Should the mother and the child bodel compelled to take a DNA test? Van Erk v Holmer. F is not a stirpes, as he is not survived. Pieters death is not conclusive. Was the contract valid? Do both parents of an illegitimate child need to give consent to adoption?

Is the Act constitutional? Steenamp Motsamai 21 March at Yes, Children born as a consequence of artificial insemination are covered by the Children Partw Act 82 oftherefore the child was legitimate.

Objective and subjective law As a discipline, the law of persons forms part of South Africa’s negative and positive law, or the norms and rules which order the conduct or misconduct of the citizens. The old Germanic customary law was no able to settle the disputes which arose in everyday trade.