Wills Act, 1953 (Act No. 7 of 1953)

2D. Interpretation of wills
Purchase cart Previous page Return to chapter overview Next page

 

(1)In the interpretation of a will, unless the context otherwise indicates—
(a)an adopted child shall be regarded as being born from his adoptive parent or parents and, in determining his relationship to the testator or another person for the purposes of a will, as the child of his adoptive parent or parents and not as the child of his natural parent or parents or any previous adoptive parent or parents, except in the case of a natural parent who is also the adoptive parent of the child concerned or who was married to the adoptive parent of the child concerned at the time of the adoption;
(b)the fact that any person was born out of wedlock shall be ignored in determining his relationship to the testator or another person for the purposes of a will;
(c)any benefit allocated to the children of a person, or to the members of a class of persons, mentioned in the will shall vest in the children of that person or those members of the class of persons who are alive at the time of the devolution of the benefit, or who have already been conceived at that time and who are later born alive.

 

(2)In the application of this section "will" means any writing by a person whereby he disposes of his property or any part thereof after his death.

 

[Section 2D inserted by section 4 of Act No. 43 of 1992]