oa Comparative and International Law Journal of Southern Africa - Adaptation of the customary law of succession to changing needs



The law of succession can be defined as "the branch of the law that regulates what is to happen to a person's assets and liabilities (the deceased estate) after his death, and matters incidental thereto." In Roman and Roman-Dutch law it was regarded as part of the law of things. This is not correct, because a deceased estate does not consist of things and real rights only, but also of rights such as personal and intellectual property rights. It is, however, more important to note that the law of succession consists of an admixture of family law and the law of property. This article reviews the changing needs regarding the customary law of succession in South Africa.


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