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South Africa Case Law

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Constitutional Law [2023] ZASCA 44

W v Williams-Ashman N O and Others (823/2020)

W v Williams-Ashman N O and Others (823/2020) [2023] ZASCA 44; 2023 (4) SA 113 (SCA) (31 March 2023)

Court
Supreme Court of Appeal
Case number
823/2020
Judges
Saldulker, Mbatha, Molefe, Kathree-Setiloane, Unterhalter

The Supreme Court of Appeal assumed, without deciding, that the appellant's prospective right to inherit under his former spouse's will could constitute property for the purposes of section 25 of the Constitution. The Court held that section 2B of the Wills Act does not amount to arbitrary deprivation of property, as it serves a legitimate legislative purpose: protecting testators from unintentionally benefiting former spouses in the immediate aftermath of divorce. The limitation restricting evidence of testamentary intention to the will itself is justified by the need for certainty and to pr…

Source excerpt

  • Freedom Of Testation
  • Arbitrary Deprivation Of Property
  • Wills Act Section 2b
  • Testamentary Intention
  • Access To Court
  • Public Policy
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Constitutional Law [2020] ZAWCHC 27

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)

Court
Western Cape High Court, Cape Town
Case number
16108/19
Judge
Sher

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
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.