SUCCESSION ACT 2006 - As at 14 July 2023 - Act 80 of 2006
- As at 14 July 2023
- Act 80 of 2006
Table of Provisions
CHAPTER 1 - PRELIMINARY
CHAPTER 2 - WILLS
PART 2.1 - THE MAKING, ALTERATION, REVOCATION AND REVIVAL OF WILLS
Division 1 - Making a will
Division 2 - Executing a will
- 6 How should a will be executed?
- 7 Must witnesses know that they are signing a will?
Division 3 - Dispensing with requirements for execution, alteration or revocation of a will
- 8 When may the Court dispense with the requirements for execution, alteration or revocation of wills?
Division 4 - Witnessing a will
Division 5 - Revocation, alteration and revival of a will
- 11 When and how can a will be revoked?
- 12 Effect of marriage on a will
- 13 What is the effect of divorce or an annulment on a will?
- 14 How a will may be altered
- 15 How a revoked will may be revived
PART 2.2 - WILLS MADE OR RECTIFIED UNDER COURT AUTHORISATION
Division 2 - Court authorised wills for persons who do not have testamentary capacity
- 18 Court may authorise a will to be made, altered or revoked for a person without testamentary capacity
- 19 Information required in support of application for leave
- 20 Hearing of application for leave
- 21 Hearing an application for an order
- 22 Court must be satisfied about certain matters
- 23 Execution of will made under order
- 24 Retention of will
- 25 Separate representation of person lacking testamentary capacity
- 26 Recognition of statutory wills
Division 3 - Rectification of wills by Court
PART 2.3 - CONSTRUCTION OF WILLS
Division 1 - General rules about construction of wills
- 29 What interest in property does a will dispose of?
- 30 When a will takes effect
- 31 Effect of failure of a disposition
- 32 Use of extrinsic evidence to construe wills
- 33 Effect of a change in testator's domicile
- 34 Income on contingent, future or deferred dispositions
- 35 Beneficiaries must survive testator by 30 days
Division 2 - Construction of particular provisions in wills
PART 2.4 - WILLS UNDER FOREIGN LAW
- 47 Definition of "internal law"
- 47A Part does not limit operation of international will provisions
- 48 General rule as to the validity of a will executed in a foreign place
- 49 Deciding system of law to apply if more than one system of law
- 50 Construction of the law applying to wills under foreign law
PART 2.4A - INTERNATIONAL WILLS
PART 2.5 - DEPOSIT OF AND ACCESS TO WILLS
CHAPTER 3 - FAMILY PROVISION
PART 3.1 - APPLICATION OF CHAPTER
- 55 Interpretation
- 56 Chapter to bind Crown
Division 2 - Determination of applications
Note
Division 1 - Relevant property transactions
Division 3 - Restrictions and protections relating to notional estate orders
- 87 General matters that must be considered by Court
- 88 Estate must not be sufficient for provision or order as to costs
- 89 Determination of property to be subject to notional estate order
- 90 Restrictions on out of time or additional applications
PART 3.4 - MISCELLANEOUS
CHAPTER 4 - INTESTACY
PART 4.1 - PRELIMINARY
PART 4.2 - SPOUSE'S ENTITLEMENTS
Note
Division 1 - Entitlement of surviving spouse
- 110 Application of this Division
- 111 Spouse's entitlement where no issue
- 112 Spouse's entitlement where issue are also issue of the spouse
- 113 Spouse's entitlement where any issue are not issue of the spouse
Division 2 - Spouse's preferential right to acquire property from the estate
- 114 Application of this Division
- 115 Spouse's right of election
- 116 Notice to be given to spouse of right of election
- 117 Time for making election
- 118 How election to be made
- 119 Basis of the election
- 120 Exercise price--how satisfied
- 121 Restriction on disposal of property from intestate estate
Division 3 - Multiple spouses
- 122 Spouses' entitlement where there are more than one spouse but no issue
- 123 Spouses' entitlement where issue are also issue of one or more of the spouses
- 124 Spouses' entitlement where any issue are not issue of a surviving spouse
- 125 Sharing between spouses
- 126 Distribution orders
PART 4.3 - DISTRIBUTION AMONG RELATIVES
Note
- 127 Entitlement of children
- 128 Parents
- 129 Brothers and sisters
- 130 Grandparents
- 131 Aunts and uncles
- 132 Entitlement to take in separate capacities
PART 4.4 - INDIGENOUS PERSONS' ESTATES
- 133 Application for distribution order
- 134 Distribution orders
- 135 Effect of distribution order under this Part
PART 4.5 - ABSENCE OF PERSONS ENTITLED
- 136 Intestate leaving no persons entitled
- 137 State has discretion to make provision out of property to which it becomes entitled
PART 4.6 - MISCELLANEOUS
- 138 Non-deferral of the interest of a minor
- 139 Effect of disclaimer etc
- 140 Effect of testamentary and other gifts
CHAPTER 5 - MISCELLANEOUS