Van Heerden AJ
dispute with Mr Gory, who also claimed to be the deceased’s sole intestate heir,[1] ultimately resulted in motion proceedings being instituted by Mr Gory in the Pretoria High Court in October 2005.
[4] On 31 March 2006, Hartzenberg J made the following order:
- ↑ In terms of section 1(1)(a) of the Act, which provides that –
“[i]f after the commencement of this Act a person (hereinafter referred to as the ‘deceased’) dies intestate, either wholly or in part, and – (a) is survived by a spouse, but not by a descendant, such spouse shall inherit the intestate estate”.
“[i]f after the commencement of this Act a person (hereinafter referred to as the ‘deceased’) dies intestate, either wholly or in part, and – … (d) is not survived by a spouse or descendant, but is survived – (i) by both his parents, his parents shall inherit the intestate estate in equal shares”.
3