Vorster v Steyn NO en andere 1981 - Vorster v Steyn NO en andere 1981(2 SA 831(O The applicant had applied for his rehabilitation as well as an order

Vorster v Steyn NO en andere 1981 - Vorster v Steyn NO en...

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Vorster v Steyn NO en andere 1981 (2) SA 831 (O): The applicant had applied for his rehabilitation as well as an order for the right to certain property and sum of money which he had inherited under his father’s will. The provision in the will read as follows: "I hereby bequeath my entire estate, movable and immovable, to my son (the applicant), the proviso being that, if at the time of my death the said (son) happens to be an insolvent, the proceeds of my estate should go into a trust until such time as the said (son) is rehabilitated". However the court held that the inheritance could not be placed beyond the reach of the applicant’s creditors. For this reason the court could not award to the applicant any portion of the inheritance which was an asset of the estate on rehabilitation. Further, eh court held that the inheritance could not be placed beyond the reach of the applicant's creditors and the provision in the will was a nudum praeceptum (a nude prohibition): the inheritance had, accordingly, vested in the insolvent estate in terms of s 20 (2) of the Insolvency Act 24 of 1936.
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