Requirements for drafting a valid will in south africa. Of foreign affairs, south africa and the rule of law, pretoria, 1969, cit. Du bois, f ed willes principles of south african law 9th ed. Willes principles of south african law george wille. The making of south african legal culture, 19021936 by martin chanock. As was pointed out above, the rule of law and the principle of legality have played a. South african law reports, the 1947 to date dvdrom main. The history of south african law and its romandutch roots lenel. Over the years, willes principles has appealed to judges, practitioners and students alike, and this edition is also written with the needs of these groups in mind. In south africa, sentencing is considered the primary prerogative of trial courts and. South africa has a hybrid or mixed legal system, formed by the interweaving of a number of.
No person, in terms of south african law, has a right to inherit. After the end of the boer war the romandutch law and its principles of equality and. Willes principles of south african law by francois du bois ed. Fundamentals of south african trust law lexisnexis sa. Fundamentals of sa trust law provides a concise, yet comprehensive, exposition of the principles underlying south african trust law, but also attends to many issues pertinent to the trust in legal and commercial practice. Researching south african law from globalex, by amanda barratt and pamela. On it depends the future stability and development of our common. The ninth edition has been extensively updated order to take account of major changes in the law in the 15 years since the previous edition. The aim of this work is to set out the basic principles of south african private law systematically, in clear unmistakable language, and as comprehensively as is possible in a single volume. South africas law is sourced from 1 statutory law made by the legislative body the most important of which is of course the constitution, 2 common law this includes the romandutch old authorities and judicial precedent gleaned from case law, 3 african customary law, and 4 foreign and international law. The aim of this work is to set out the basic principles of south african private law systematically, in clear unmistakable language, and as comprehensively as is. The basic requirements for ensuring that you have a valid will are set out in the wills act 7 of 1953, as amended, which apply to any testator who died on or after 1 october 1992. The south african law reform commission was established by the south. The contribution of english law to south african law college of.
Although it is not a named requirement in the act, every will must be in writing. The legal system and sources of law south african legal. The aim of this work remains to set out the basic principles of south african private law systematically, in clear unmistakable language, and as comprehensively as is possible in a single volume. Willes principles of south african law paperback, 9th ed. Civil law jurisdictions recognise the legitimate portion concept that entitles recognised heirs of the deceased to a portion of the estate irrespective of the will.