Die nie–registrasie van gewoonteregtelike huwelike en die effek op boedelbeplanning

Abstract

According to section 4 of The 1998–Act all customary marriages must be registered. Prior to 2000 (date of incorporation of 1998–Act) the only marriages which were required to be registered were customary marriages in KwaZulu–Natal and Transkei. Over the years, the courts had interpreted the requirement of the registration of customary marriages differently. The aim of this study is to determine the effect of the non–registration of customary marriage on estate planning. It is recommended that an estate planner takes notice of the requirements of a customary marriage as well as the courts’ interpretation of the registration requirement. An estate planner must establish whether a marriage is valid when planning an estate for a client. It is further recommended the 1998–Act be amended to clarify the registration requirement and that this amendment be communicated effectively.