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These requirements have the effect of excluding children who are born, illegitimate, to fathers who are married or become married after the birth of the child.


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Rule 6 of the Probate Rules provides that an application for Letters of Administration may be made through an attorney-at-law or by a proposed administrator in person. There is a ranking priority of persons entitled to apply for Letters of Administration pursuant to Rule 14 3 of the Probate Rules. The ranking is as follows:. Rule 13 1 of the Probate Rules provides that an applicant for Letters of Administration must file the following documents:.

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Rule 13 2 of the Probate Rules further indicates that a person applying for a grant of Letters of Administration —. Applying for Letters of Administration can be a lengthy and involved process and as such, it is a process that may be best carried out by a legal practitioner. Given all of the aforesaid, it is perhaps in the best interests of all persons to make a Will or to form a Trust to provide for the administration of their Estate upon their death.

In the interests of brevity, we will concisely outline the different forms a will may take in St.

The Law of Succession: Testamentary Freedom

It is therefore clear that making a Will allows the testator to dispose of their estate in precisely the way that they intend, nullifying the uncertainty, anguish and confusion that often accompanies the process of dealing with the estate of a deceased person who dies intestate.

As such, making a Will would allow the deceased to truly rest in peace, knowing that they have provided for their children, legitimate or illegitimate, or any other person that they so please, after their passing. In my humble view, given the unpredictable nature of life and the many issues associated with administering an estate of a person who dies intestate, every person, of any age, should make a will or form a trust.

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Law of succession | Kooijman Autar Notarissen Rotterdam

Who is entitled to inherit when someone dies without a will? This is provided for in Article A of the Civil Code.


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This is provided for in Article B 1 of the Civil Code. This is provided for in Article B 3 of the Civil Code. If the deceased was a single man, or a single woman, who has left children, then the estate shall be inherited by the children of the deceased in equal shares.

Law of Succession - Introduction - PVL 2602

This is provided for in Article 1 of the Civil Code. If the deceased was a single man or a single woman born out of wedlock, and dies without any children, but leaves a mother, then the estate will be inherited by the mother absolutely.

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The Act also sets out rules for the construction of wills. Except so far as expressly authorized by this Act, or by any other written law, or by a grant of representation under this Act, no person shall, for any purpose, take possession or dispose of, or otherwise intermeddle with, any free property of a deceased person.

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