Under the provisions of Section 117 of the Succession Act 1965 where a child of a deceased parent can show that the deceased has failed to make proper provision for the child in accordance with his means whether by will or otherwise, the child can bring an action pursuant to the Act for relief. The Report examines section 117 of the Succession Act 1965, which provides that a child, including an adult child, of a deceased parent who has made a will can apply to court and claim that the parent failed in his or her “moral duty to make proper provision for the child” in accordance with the parent’s means during the parent’s lifetime. 3. LAW OF SUCCESSION ACT ARRANGEMENT OF SECTIONS PART I – PRELIMINARY Section 1. 2. 7. Case law on failure in moral duty to make proper provision under The first plaintiff’s case was therefore heard first. S117 of the Succession Act 1965 states that where a person dies without a will (referred to as having died intestate) the surviving spouse would be entitled to two-thirds of the estate (or the entire estate if there were no children) and any surviving children would be entitled to a fixed one-third of the estate equally between them (or the entire estate if there was no surviving spouse). Section 117 currently applies only where a will has been made 23 3. Fixed shares of surviving spouses who are parents are protected 26 5. Succession Act, 1965 ... 117.—(1) Where, on application by or on behalf of a child of a testator, the court is of opinion that the testator has failed in his moral duty to make proper provision for the child in accordance with his means, whether by his will or otherwise, the court may order that such provision shall be made for the child out of the estate as the court thinks just. Wills caused by fraud, coercion importunity or mistake. Application of Act. Formalities 8. Short title. Appointment by will or executor. The first plaintiff was a … 6. If it is to be retained but amended whether to prescribe the matters to which the Court should have regard in deciding whether to make an Order under the Section. Persons capable of making wills and freedom of testation. The meaning of estate under section 117 24 4. PART II – WILLS Capacity 5. Actions that a Child Can Take Against an Estate The first action to look at is a ‘section 117’ action. Section 117 involves an objective standard 26 6. Form of wills. 9. 2. a) Whether Section 117 of the Succession Act 1965 should be repealed, retained as it is or amended. Law applicable to succession. 4. Under the Succession Act Section 117 provides that if the Court is of the opinion that a Parent has failed in his moral duty to make proper provision for a child then Court … Interpretation. The plaintiffs issued proceedings pursuant to s 117 of the Succession Act 1965, but the proceedings issued by the second plaintiff were conditional on the outcome of the first plaintiff’s proceedings. Section 117 of Succession Act, 1965 provides: 117. Two-stage test under section 117 28 B.
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