CHAPTER 6:02
DECEASED ESTATES SUCCESSION ACT
Acts 26/1873, 23/1874, 14/1929, 26/1954, 18/1977, 13/1987; 6/1997
ARRANGEMENT OF SECTIONS
PART I
P RELIMINARY
Section
1. Short title.
PART II
ASPECTS OF INTESTATE S UCCESSION
2.
3.
3A,
4.
5.
6.
Interpretation in Part II.
Entitlement of spouse of deceased who does intestate.
Inheritance of matrimonial home and household effects.
Articles of peculiar sentimental value.
Agreement on alternative division or direction to sell property devolving in undivided shares.
Specified amount.
PART III
M ISCELLANEOUS
7.
8.
9.
10.
11.
No legitimate portion to be claimed of right.
Heir not entitled to deduct any portion under Falcidian and Trebellianic Laws.
Lex Hac Edictali repealed.
Inheritance ab intestato unaffected.
Community of property unaffected.
AN ACT to amend the law relating to estates of deceased persons.
[Date of commencement: 21st June, 1929 (Part II)
10th June, 1891 (Part III)]
PART I
P RELIMINARY
1
Short title
This Act may be cited as the Deceased Estates Succession Act [Chapter 6:02].
PART II
ASPECTS OF INTESTATE S UCCESSION
2
Interpretation in Part II
In this Part—
“specified amount” means the appropriate amount specified by the Minister of Justice, Legal and Parliamentary Affairs in terms of section six.
3 Entitlement of spouse of deceased who dies intestate
Subject to section four, the surviving spouse of every person who, on or after the 1st April, 1977, dies either
wholly or partly intestate is hereby declared to be an intestate heir of the deceased spouse according to the following rules—
(a) if the spouses were married in community of property and if the deceased spouse leaves any descendant
who is entitled to succeed ab intestato, the surviving spouse shall—
(i) be entitled to receive from the free residue of the joint estate, as his or her sole property, the
household goods and effects in such estate;
(ii) succeed in respect of the remaining free residue of the deceased spouse’s share of the joint estate
to the extent of a child’s share or to so much as, together with the surviving spouse’s share in the
joint estate, does not exceed the specified amount, whichever is the greater;
(b) if the spouses were married out of community of property and the deceased spouse leaves any descendant who is entitled to succeed ab intestato, the surviving spouse of such person shall—
(i) be entitled to receive from the free residue of the deceased spouse’s estate, as his or her sole
property, the household goods and effects in such estate;