L.M and Another v J.M and Another (63462/12)
L.M and Another v J.M and Another (63462/12) [2014] ZAGPPHC 1026 (10 December 2014)
The court found that the farms in question were not communal land but were purchased and registered in the deceased's name, making them subject to the rules of intestate succession and constitutional principles. The application of primogeniture, which excluded the children of the second wife from inheriting, was inconsistent with the Constitution's guarantee of equality. The deceased had allocated the two farms to his wives for the benefit of their respective houses, and this arrangement should have been respected in the winding-up of the estate. The court held that the property should devolv…
Source excerpt
- Customary Law Of Succession
- Primogeniture
- Intestate Succession
- Equality Under Constitution
- Polygamous Marriage Inheritance
- Development Of Customary Law