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Ex Parte Boedel Steenkamp
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In Ex Parte Boedel Steenkamp, an important case in the South African law of persons and succession, heard on June 21, 1962, the residue of the deceased's estate was bequeathed in equal shares in his will to his daughter and his daughter's children "wat by datum van dood in die lewe is" (who are alive when I die). At the time of the deceased's death, his daughter had two children and was pregnant with a third. The question before the court was whether the nasciturus could inherit. The court was unwilling to act to the prejudice of the nasciturus, and held, therefore, that it could inherit. A child in ventre matris had to be presumed to be alive for the purpose of inheritance, and was entitled to inherit equally with his mother, the testator's daughter, and her other children already born at the death of the testator. The applicant's attorneys were McIntyre & van der Post. |
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