Browsing PER: Potchefstroom Electronic Law Journal by Subject "Freedom of testation"
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Interpretation of wills - does Endumeni case apply
(PER/PELJ, 2021)This article argues that the general approach to documentary interpretation articulated in Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 4 SA 593 (SCA) (Endumeni) applies also to the interpretation of ... -
King v De Jager : Implications for Religion Based Discrimination in Wills
(PER/PELJ, 2022)In King v De Jager 2021 5 BCLR 449 (CC), the Constitutional Court held that a clause in a private will that unfairly discriminated against beneficiaries based on gender was unlawful and unenforceable. This note considers ... -
The Supreme Court of Zimbabwe's Chigwada Decision and Its Implications for Testamentary Dispositions and Enforcement of Section 26 of the Constitution of Zimbabwe
(PER/PELJ, 2022)The Supreme Court of Zimbabwe recently handed down a judgment on the determination of whether the law that governs testamentary dispositions of estates binds a testator to bequeath his or her share of property to the ...