Your clients, the children of testator X...

Asked by lulu on 16-10-2023 19:13:49
Question posted in the General Law category relating to Eastern Cape

Your clients, the children of testator X, approach you for legal advice. The late testator X made the following bequest in his will:

 “I bequeath my farm to my children, sons and daughters. Following the death of my children, the farm most pass to my children’s eldest sons and following the death of the said grandsons again and in turn to their eldest sons.”

can you Advise the clients on the constitutional aspects relating to the validity of the provision of fideicomissary substitution as well as how to address the matter

If you would like to view the entire answer, you will need to either login or register a FREE account.

Disclaimer

DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.