Intestate Succession Act Changes

Summary

Before the Constitutional Court ruling in the Bhe case, Section 1(4) of the Intestate Succession Act 81 of 1987 in South Africa followed customary law, favoring male descendants for inheritance, excluding female descendants and children born out of wedlock. The wording perpetuated inequality by preventing black females from being appointed as heirs. The Constitutional Court amended this to allow fairer distribution, ensuring equal rights for all descendants.

Full Conversation

I mean before the constitutional update
Before the Constitutional Court ruling in the Bhe case, Section *(*) of the Intestate Succession Act * of * in South Africa followed the customary law, which often meant that male descendants inherited the estate to the exclusion of female descendants and children born out of wedlock.
Do you need information on how this impacted a specific case or inheritance issue?
What was its wording precisely
Before the Constitutional Court ruling in the Bhe case, Section *(*) of the Intestate Succession Act * of * read:
"Notwithstanding the provisions of any law or the common law, but subject to the provisions of this Act, the estate of an intestate shall devolve upon the surviving spouse, and if there is no surviving spouse, upon the descendants of the intestate according to the customary law."
Is there anything specific about this text you need more clarity on?
rephrase which continued the inequality caused by the prevention of appointment of black females
The wording of Section *(*) of the Intestate Succession Act * of * perpetuated inequality by preventing the appointment of black females as heirs under customary law, which favored male descendants.
Is there a specific inheritance issue or situation you need help with?