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Intestate Succession Ordinance, 1946
Ordinance 12 of 1946
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Published in Official Gazette no. 1259 on 3 July 1946
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Assented to on 1 July 1946
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Commenced on 3 July 1946
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[Up to date as at 6 November 2020]
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[Amended by Intestate Succession Amendment Ordinance, 1963 (Ordinance 6 of 1963) on 30 March 1963]
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[Amended by Intestate Succession Amendment Act, 1982 (Act 15 of 1982) on 21 December 1982]
ORDINANCETo provide for the amendment of the law relating to intestate succession.(Afrikaans text signed by the Administrator.)BE IT ORDAINED by the Legislative Assembly for the Territory of South West Africa as follows:-1.
(1)The surviving spouse of every person who after the commencement of this Ordinance dies either wholly or partly intestate, is hereby declared to be an intestate heir of the deceased spouse according to the following rules:-(a)if the spouses were married in community of property and if the deceased spouse leaves any descendant who is entitled to succeed ab intestato, the surviving spouse shall succeed to the extent of a child’s share or to so much as together with the surviving spouse’s share in the joint estate, does not exceed fifty thousand rand in value (whichever is the greater);(b)if the spouses were married out of community of property and if the deceased spouse leaves any descendant who is entitled to succeed ab intestato, the surviving spouse shall succeed to the extent of a child’s share or to so much as does no exceed fifty thousand rand in value (whichever is the greater);(c)if the spouses were married either in or out of community of property, and the deceased spouse leaves no descendant who is entitled to succeed ab intestato, but leaves a parent or a brother or a sister (whether of the full or half blood) who is entitled so to succeed, the surviving spouse shall succeed to the extent of a half share or to so much as does not exceed fifty thousand rand in value (whichever is the greater);(d)in any case not covered by paragraph (a), (b), or (c) the surviving spouse shall be the sole intestate heir.(2)For the purposes of this Ordinance any relationship by adoption under the provisions of the Adoption of Children Ordinance, 1927 (Ordinance No. 10 of 1927), shall be equivalent to blood relationship.2.
This Ordinance may be cited as the Intestate Succession Ordinance, 1946.