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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Adaptation of the customary law of succession to changing needs
Authors:Bekker, J.C.ISNI
De Kock, P.D.ISNI
Year:1992
Periodical:The Comparative and International Law Journal of Southern Africa
Volume:25
Issue:3
Pages:366-378
Language:English
Geographic term:South Africa
Subjects:customary law
family law
law of inheritance
Abstract:The main objective of succession was to keep family property (particularly land) in the family. The nature of family assets has, however, changed. A great deal comes from cash earnings by the husband and wife who, apart from buying household necessities and a family home, spend the money on the education of their children, entertainment and so forth. For that reason spouses are nowadays inclined to make joint or mutual wills conferring upon each other reciprocal benefits, e.g. appointing the survivor of the testators as sole heir of the first-dying. In customary law generally a wife does not get a share of her husband's property on marriage. She does not even become co-owner of property acquired by her during marriage. The position of women under customary law does not accord with modern notions of the dignity and worth of the individual and of equal rights of men and women. Possible ways in which customary law rules of succession in South Africa can be adapted in accordance with these changing needs are through the codification of customary law, reform by judicial decision, application of the common law of intestate succession, indigenization of magistrates and judges, encouraging the making of wills, the rule of legitimate portion, maintenance of surviving spouse and children from the deceased's estate, and the introduction of a discretionary system. Ref.
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