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Sophia of Hanover was the Electress of Hanover by marriage to Elector Ernest Augustus and later the heiress presumptive to the thrones of England and Scotland and Ireland under the Act of Settlement 1701, as a granddaughter of James VI and I. Princess Sophia died less than two months before she would have become Queen of Great Britain. Consequently, her son George I, succeeded her first cousin once removed, Queen Anne, to the British throne, and the succession to the throne has since been defined as, and composed entirely of, her legitimate and Protestant descendants.
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The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted to amend and codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. The Act lays down a uniform and comprehensive system of inheritance and succession into one Act. The Hindu woman's limited estate is abolished by the Act. Any property possessed by a Hindu female is to be held by her absolute property and she is given full power to deal with it and dispose it of by will as she likes. Parts of this Act was amended in December 2004 by the Hindu Succession (Amendment) Act, 2005.
The law of persons in South Africa regulates the birth, private-law status and the death of a natural person. It determines the requirements and qualifications for legal subjectivity in South Africa, and the rights and responsibilities that attach to it.
The South African law of succession prescribes the rules which determine the devolution of a person's estate after his death, and all matters incidental thereto. 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 may have in a deceased's estate. It forms part of private law.
Bhe and Others v Magistrate, Khayelitsha and Others; Shibi v Sithole and Others; SA Human Rights Commission and Another v President of the RSA and Another was an important case in South African customary law.
Ex Parte Graham 1963 (4) SA 145 (D) is an important case in the South African law of persons and succession. Briefly, the deceased left a will stipulating that her adopted son would inherit her estate in the event of her death. The will added, however, that, if he predeceased her, her mother would inherit the estate.
In L. Taylor v AE Pim, an important case in the South African law of succession.
In Kirsten v Bailey, an important case in the South African law of succession, a testatrix made three wills. In the first and third, Bailey was nominated as the sole beneficiary of her estate; in the second will, Kirsten was nominated as the sole beneficiary. Kirsten challenged the validity of the third will.
Smith v Parsons is an important case in South African succession law concerning whether a suicide note should be accepted as an amendment to the deceased's will.
In Ex Parte Lutchman, an important case in South African succession law, the deceased had left certain property to his six children in equal shares in a validly executed will. One of the deceased's children took out three life insurance policies on his father's life and explained to his father that in order for him to get the benefits of the policies when he died, he must draft a new will. The only provision in the second will was that the son was appointed the sole heir of the insurance policies, so he did not deal with any of the rest of his estate. Furthermore, he accidentally included a revocation clause in the new will, so its effect was that everything except the insurance policies devolved according to the law of intestate succession. At that stage, extra-marital children of persons marriage in terms of Hindu custom could not inherit intestate. The children of the deceased approached the court to declare the second will invalid insofar as it revoked the previous will. The court held that the revocation clause in the second will was obviously a mistake, so this clause was held to be pro non scripto.
In Marais v The Master, an important case in the South African law of succession, the testator, who had divorced from his wife in 1972, bequeathed his entire estate to her in 1977. Before his death, he wrote words on his copy of the will and on a letter from his attorney, attempting to revoke the will and direct that his mother was to be his sole heir. The court held that there had been a clear intention to revoke the will and to nominate his mother as sole beneficiary.
In Van Zyl v Esterhuyse, an important case in the law of succession in South Africa, the applicant applied for the rectification of a joint will executed by herself and her deceased husband. The will appointed her as the sole heir subject to the conditions
Testate succession exists under the law of succession in South Africa.
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:
References
- Harlow v Becker 1998 (4) SA 639 (D).
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