In Ex parte Stephens' Estate,[1] an important case in the South African law of succession, the deceased disposed of his estate in terms of fractions, but only provided for nine tenths of the estate. One tenth, therefore, was not provided for. It was argued that it should be divided among the named beneficiaries in the will.
The court held that the Roman lawnemo pro parte rule did not apply in South Africa; therefore, the estate was to be divided partly testate and partly intestate. Had the court divided the remaining one tenth between the nine beneficiaries, it would effectively have been rectifying the will. It held, accordingly, that the remaining one tenth was to be devolved in terms of the law of intestate succession.
parte, stephens, estate, important, case, south, african, succession, deceased, disposed, estate, terms, fractions, only, provided, nine, tenths, estate, tenth, therefore, provided, argued, that, should, divided, among, named, beneficiaries, will, court, held,. In Ex parte Stephens Estate 1 an important case in the South African law of succession the deceased disposed of his estate in terms of fractions but only provided for nine tenths of the estate One tenth therefore was not provided for It was argued that it should be divided among the named beneficiaries in the will The court held that the Roman law nemo pro parte rule did not apply in South Africa therefore the estate was to be divided partly testate and partly intestate Had the court divided the remaining one tenth between the nine beneficiaries it would effectively have been rectifying the will It held accordingly that the remaining one tenth was to be devolved in terms of the law of intestate succession See also EditSouth African succession lawReferences EditEx parte Stephens Estate 1943 CPD 397 Notes Edit 1943 CPD 397 nbsp This article relating to case law in South Africa is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Ex parte Stephens 27 Estate amp oldid 1138423592, wikipedia, wiki, book, books, library,
