Constitutional Court

Registrar of Companies

The constitutionality of the male-primogeniture rule in customary succession.

The validity of customary wills.

The recognition of adopted children in customary estates.

The application of the Maintenance of Surviving Spouses Act 27 of 1990

to customary marriages.

The trust provisions prejudice the interests of the beneficiaries.

The trust provisions hinder the achievement of the founder's objectives.

The trust provisions are in conflict with the public interest.

The clause is invalid and cannot be enforced, resulting in intestate

succession.

Only adopted children inherit, as they are legally recognised

descendants.

Only biological children inherit, unless the will clearly indicates

otherwise.

Both biological and adopted children inherit, unless the will clearly

indicates otherwise.

Only if all beneficiaries unanimously agree to the proposed change.

Only where the will was affected by fraud or forgery.

Never, because wills are sacrosanct and cannot be altered once executed.

When a clerical error or drafting mistake causes the will not to reflect

the testator’s true intention, and reliable evidence proves what that intention

was.

The missing person’s estate vests immediately in nominated heirs upon

disappearance.

Interested parties may petition the court for a presumption of death

order, supported by evidence of thorough investigation and the passage of time.

The missing person is automatically declared dead after a fixed statutory

period of seven years.

The Master of the High Court may declare death administratively, without

judicial oversight.

A clause that directly conflicts with another clause in the will.

A clause that omits heirs entirely, resulting in partial intestacy.

A clause that is grammatically unclear or contradictory on the face of

the document.

A

donatio

mortis causa

A

trust agreement that restricts a beneficiary’s right to marry.

A

contract that dictates the exact beneficiaries of a testator’s entire estate.

They are used to determine intestate succession rather than the

interpretation of a will.

They override the express wording of the will whenever ambiguity arises.

They may be considered to clarify the testator’s intention, provided

they do not contradict the wording of the will.

They are irrelevant and play no part in determining the meaning of the

will.

The will is automatically replaced by a new will.

The will is transferred to the Master of the High Court.

The will is cancelled and ceases to have legal

effect.

The will remains partially valid for specific legacies.