To amend the General Law Amendment Act, 1952, so as to repeal a certain provision; to amend the Wills Act, 1953, so as to define or more closely define certain expressions; to further regulate the formalities in the execution of wills; to provide for cases where such formalities are not complied with; to grant a court the power to declare a will to be revoked; to regulate the effect of a divorce or the annulment of a marriage on a will; to provide for the vesting of certain benefits from the testator's will in the surviving spouse or the descendants of certain persons; to provide for the interpretation of wills in certain cases; to repeal the provision for a soldier's will; to further regulate the competency of certain persons to receive a benefit under a will or to be nominated as executor; to repeal the application of the Act to South West Africa; and to provide for the form in which certain certificates may be drawn up; to amend the Administration of Estates Act, 1965, so as to further regulate certain powers and functions of the Master in relation to wills; to amend the Intestate Succession Act, 1987, so as to provide for the vesting of certain benefits from an intestate estate in the surviving spouse or the descendants of certain persons; and to provide for matters connected therewith.
1 Repeals section 24 of the General Law Amendment Act 32 of 1952.
inserts the definition of 'internal law'; paragraph (d) substitutes the definition of 'Master'; and paragraph (e) substitutes the definition of 'sign'.
3 Amends section 2 of the Wills Act 7 of 1953 , as follows: paragraph (a) substitutes in subsection (1) the words preceding paragraph (a) ; paragraph (b) substitutes subsection (1) (a) (iv); paragraph (c) substitutes subsection (1) (a) (v); paragraph (d) substitutes in subsection (1) (b) the expression 'amendment' for the expression 'deletion, addition, alteration or interlineation', wherever it occurs; paragraph (e) substitutes subsection (1) (b) (iv); paragraph (f) substitutes subsection (2); and paragraph (g) adds subsections (3) and (4).
4 Inserts sections 2A, 2B, 2C and 2D in the Wills Act 7 of 1953.
5 Repeals section 3 of the Wills Act 7 of 1953.
'internal law' for the expression 'law', wherever it occurs. 7 Inserts section 4A in the Wills Act 7 of 1953 . 8 Repeals sections 5 and 6 of the Wills Act 7 of 1953 . 9 Substitutes section 7 of the Wills Act 7 of 1953.
LAW OF SUCCESSION AMENDMENT ACT 43 OF 1992 Page 2 of 2 10 Repeals section 8 of the Wills Act 7 of 1953.
11 Inserts Schedules 1 and 2 in the Wills Act 7 of 1953 , the existing Schedule becoming Schedule 3.
12 Amends section 8 of the Administration of Estates Act 66 of 1965 by inserting subsections (4A) and (4B).
13 Amends section 54 (1) (b) of the Administration of Estates Act 66 of 1965 by substituting subparagraph (i).
14 Amends section 1 of the Intestate Succession Act 81 of 1987 , as follows: paragraph (a) deletes subsection (4) (c) ; and paragraph (b) adds subsections (6) and (7).
[Para. (b) amended by s. 32 of Act 139 of 1992.
The provisions of this Act are, subject to the provisions of section 7 of the Wills Act, 1953 (Act 7 of 1953), not applicable to a will of which the testator died before the commencement of this Act.
This Act shall be called the Law of Succession Amendment Act, 1992, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.