Browsing by Subject "Freedom of testation"
Now showing items 1-6 of 6
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Crossing the public/private sphere divide - limiting freedom of testation in the private sphere – King v De Jager 2021 4 SA 1 (CC)
(North-West University (South Africa), 2023)A fundamental principle of the law of testate succession is freedom of testation, which is indirectly protected in section 25(1) of the Constitution of the Republic of South Africa, 1996 (hereafter the Constitution). ... -
The effect of modern constitutional development on marriages in community of property
(2015)The study commences with a brief overview of the history of marriage and specifically of marriage in community of property with reference to marital power. The unique ex lege consequences of marriage in community of property ... -
The impact of privacy policies and terms of service on a user's freedom of testation
(North-West University (South Africa), Potchefstroom Campus, 2018)We live in a digital society where online accounts, social media websites and webbased email accounts form part of our daily lives. Through the use of these online platforms digital assets are generated which often carry ... -
Interpretation of wills - does Endumeni case apply
(PER/PELJ, 2021)This article argues that the general approach to documentary interpretation articulated in Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 4 SA 593 (SCA) (Endumeni) applies also to the interpretation of ... -
King v De Jager : Implications for Religion Based Discrimination in Wills
(PER/PELJ, 2022)In King v De Jager 2021 5 BCLR 449 (CC), the Constitutional Court held that a clause in a private will that unfairly discriminated against beneficiaries based on gender was unlawful and unenforceable. This note considers ... -
The Supreme Court of Zimbabwe's Chigwada Decision and Its Implications for Testamentary Dispositions and Enforcement of Section 26 of the Constitution of Zimbabwe
(PER/PELJ, 2022)The Supreme Court of Zimbabwe recently handed down a judgment on the determination of whether the law that governs testamentary dispositions of estates binds a testator to bequeath his or her share of property to the ...