(Published - 4 June 2020)
Limitations on the right to freedom of testation
By MUNEER ABDUROAF, Published in Without Prejudice, Law of Succession
Freedom of testation is a basic right in terms of the South African law of succession and enables a testator (or testatrix) to bequeath assets in a will as they please. The freedom is not completely unrestricted. Limitations are based on social and economic considerations and are found in statutory and common law principles. An example of a common law limitation is that a testator may not incorporate a provision in a will that is contrary to public policy. This article – the first in a two part series – analyses the limitations with regard to discrimination. These limitations are viewed in terms of both legislation and case law.
Click on the link for the full article: Without Prejudice
There are 35 verses in Al Quraan that refer to succession. A daughter always inherits half the share of a son in terms of the Islamic law of intestate succession. (See Khan The Noble Qur’an - English Translation of the Meanings and Commentary 1404H (4) 11 where it states that “Allah commands you as regards your children’s (inheritance); to the male, a portion equal to that of two females...”). The reason why females (at times) inherit less favourably than males in terms of the Islamic law of intestate succession is not clearly stated in the primary sources of Islamic law. This note analyses the question as to whether the discrimination against females is consistent throughout the Islamic law of intestate succession. It also analyses the possible rationale behind the unequal distribution. The note concludes with an overall analysis and concluding remarks.
Click on the link for the full article: De Jure Law Journal