An illustration of the erroneous application of selected law of succession principles and statutory measures in recent case law

Abstract

The law of succession, a fundamental component of private law, governs the transfer of assets and rights from deceased individuals to beneficiaries, relying on both common and customary legal principles. While several statutory measures, such as the Wills Act 7 of 1953, Intestate Succession Act 81 of 1987, and others, guide its application, recent judgments have highlighted consistent erroneous applications or misinterpretations. These mistakes can lead to disputes among beneficiaries, underscoring the need for a rigorous understanding and correct application of succession law principles. This dissertation aims to analyse these errors in recent case law, exploring specific areas such as the formalities prescribed in the Wills Act regarding witnesses, the recognition of testamentary provisions in antenuptial contracts, and the intricate relationship between matrimonial property law and succession. Through an in-depth analysis of pertinent cases, the study seeks to bridge current knowledge gaps, reinforce the importance of continuous learning for legal professionals, and contribute to the discourse on succession law principles. The overarching research question is: To what extent has recent case law demonstrated instances of erroneous application or misinterpretation of selected succession principles and statutory measures?