Reason the testators motive might be that if she

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Reason: the testator’s motive might be that if she remarries, his children might not be properly cared for. The testator in the past could also make it a condition that the beneficiary can’t marry a certain person/someone belonging to a certain faith. Aronson: AD held that a condition that a beneficiary shouldn’t marry a person not born in the Jewish faith = valid. If the purpose of the condition is to destroy an existing marriage = null and void. Wasserzug v Administrators of Estate Nathanson – it was held that the condition that the beneficiary should not marry ``out of the Jewish faith'' was too vague and therefore must be held pro non scripto. Standard Bank of SA Ltd v Betts Brown - the Natal court held that a bequest in favour of ``persons of pure British stock and descent'' and in particular excluding `'nationals of Eire and persons of Asiatic, Oriental and Jewish descent'' was valid.
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CLS cc © Succession Notes 57 Critical Law Studies cc © If the bequest has the result that the marriage breaks down, without this being the intention of the testator it doesn’t mean it’s invalid. A testator should not try to rule the lives of his beneficiaries from the grave! Condition which forces the beneficiary to live in a certain place / change his name: A provision which requires someone to live in a certain place is valid. Ex Parte Dodds: changes of name clauses are valid. Q: if it’s desirable for the law to give legal subjects such a great freedom of testation – the law must choose between freedom of testation and freedom of religion etc. Apart from these a testator is free to dispose of his estate as he wishes and the court must enforce the provisions. The High Court has no authority to consent to changes to the testators will by the beneficiaries, even if all the beneficiaries agree to it. The High Court has inherent jurisdiction to delete something from the will that was added by mistake. It can add word if needed to give effect to the testators wishes Ex Parte Sidelsky: the allowance for his daughter, for which the testator made provision for 40 years ago, was no longer enough in light of the changed economic circumstances. The testator should not try to do through death what he could not do during his life. Any provision that brings the beneficiary to an agonizing choice must be declared pro non scripto. The testator’s capacity to disinherit close relatives: a) Children, parents, brothers and sisters: the duty which rested on parents to maintain their children didn’t in Roman Dutch law pass onto the parent’s deceased estate. Carelse v Estate de Vries: held that the duty to support children passed to the estate of the deceased parent – even if the children are extra martial children. They could claim maintenance from the estate – provided it is large enough to provide for the legitimate children who have a prior claim.
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