Page 18 - Bespoke EPG 2017 Digital

■■ The nominee guardian would have to agree to the appointment, and it would
have to be confirmed by the court (taking into account the best interests of
the child).

■■ Reference to ‘children’ in a Will includes children conceived at that time who
are born later.

Exclusion from marital regime
■■ This is a standard clause usually inserted into a Will where the testator states

that any benefit his heirs or legatees may receive will not form part of the
assets of such beneficiary’s spouse.

Maintenance of Surviving Spouses Act
■■ This is one of the few instances where the freedom of the testator is limited.
■■ If a surviving spouse has not been provided for in a Will, and is unable to

maintain him or herself from personal means or earnings, then she or he
can claim against the estate of the deceased for the provision of his or her
maintenance.

Member’s interest in a Close Corporation
■■ This is another instance where the freedom of the testator is limited, to a

degree.
■■ The Close Corporations Act provides that, subject to the association

agreement, where an heir is to inherit a member’s interest (in terms of the
deceased’s Will), the consent of the remaining members (if any) must be
obtained. If no consent is given within 28 days after it was requested by the
executor, then the executor is forced to sell the members interest either:
(a) To the close corporation itself, or
(b) To the other members in proportion to the interests of those members in

the close corporation, or as they may otherwise agree upon, or
(c) To any other person who qualifies to any other person who qualifies for

membership of a corporation in terms of section 29.

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