E v Estate Late B (192/2013)
E v Estate Late B (192/2013) [2014] ZASCA 27; [2014] 2 All SA 635 (SCA); 2014 (4) SA 1 (SCA) (28 March 2014)
The Supreme Court of Appeal held that, in the absence of clear indications to the contrary in the wills, the intention of the testators was for the deceased's grandchildren to inherit per stirpes under the fideicommissa. The court found that the principle of representation applies, and a grandchild is not disqualified from inheritance merely because her parent predeceased the fiduciary. The fideicommissum multiplex created by the wills entitles J[...] to inherit the share her late father would have received, and the presumption against disinheriting descendants further supports this conclusio…
Source excerpt
- Fideicommissum
- Law Of Succession
- Per Stirpes Inheritance
- Will Interpretation