The Reform or Customary Law of Succession and Regulation of Related Matters Act

Act 11 of 2009, gives effect to the decisions of the Constitutional Court in Moseneke and Bhe (and other customary law of succession matters).

Amongst other things, it provides that:

  1. If a parent of a child who has been adopted according to customary law (and not through court) marries a new partner, the child has an automatic right to inherit from his or her step-parent.
  1. A husband who enters into a customary union with a third party (woman) for the purpose of having children with her for his first family, that woman has the right to inherit if the husband passes away.

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