Magagula v Magagula and Others (1023 of 2013) [2019] SZHC 187 (7 October 2019)

Case summary
Civil Law- Succession- Validity of a Testamentary Will contested -Applicant seeking a declarator declaring the deceaseds Last Will and Testament to be null and void on account of an inherent defect by reason of the deceaseds purported bequest of the entire assets in the marital joint estate;  Dispute as to whether assets devolving to the maritial joint estate; Applicant married by civil rites to the deceased in community of property in terms of section 22 (6) of the now repealed Black Administration Act of 1927 of the then Union of South Africa- parties never divorced but separated and estranged for several years until the death of the deceased; in effect marriage substing until deceaseds death; Deceased entering into a putative customary union with another woman (the Respondent) during the subsistence of the marriage with applicant; cohabitationwith the 2nd Respondent; 2nd Respondent opposing application asserting a claim based on the existence of a universal partnership in respect of certain assets in the estate and thus asserting a claim to a share in the said property; 

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