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21 May 2012
   
 
 
Article by: Sapa
 
 
 

All the wives in a Muslim marriage will be entitled to claim from the estate of a husband who dies without a will, the Constitutional Court ruled in Johannesburg on Wednesday.

Previously, the Intestate Act recognised only one spouse, making it difficult for all the widows in a polygamous marriage to make a claim.

The court ruled this was discriminatory and unfair. It ordered that the word "all spouses" be inserted into the act wherever the word "spouse" appeared.

The ruling came after widow Fatima Dabie Hassam was told by the executor of her late husband's estate that the law only recognised one spouse in a Muslim polygamous marriage and rejected her claim.

The court ordered this change be made retroactive to April 27, 1994.

However, this does not invalidate transfers before the date of Wednesday's order unless there was notice of a legal challenge.

The court also provided a formula on how the estate should be shared between the widows and children in such cases.

Edited by: Sapa
 
 
 
 
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