J W v Williams-Ashman NO and Others (16108/19)
J W v Williams-Ashman NO and Others (16108/19) [2020] ZAWCHC 27; 2020 (4) SA 567 (WCC) (28 April 2020)
Section 2B of the Wills Act 7 of 1953 is not inconsistent with sections 25(1) or 34 of the Constitution. The provision serves a legitimate and compelling social purpose by preventing former spouses from benefiting under a will made prior to divorce unless the testator expressly intended otherwise. The deprivation of property it effects is not arbitrary, as it is limited in scope—applying only within three months of divorce—and is consistent with international practice. The provision does not oust the court's jurisdiction or discretion in matters of interpretation, nor does it infringe the rig…
Source excerpt
- Freedom Of Testation
- Arbitrary Deprivation Of Property
- Wills Act Section 2b
- Right Of Access To Court
- Public Policy Inheritance
- Intestate Succession