The constitutional family in the Law of Succession

Abstract

This article traces the development of the constitutional family in the South African law of succession through a synopsis of Constitutional Court and High Court judgments on the application of the Intestate Succession Act and the Maintenance of Surviving Spouses Act beyond the confines of the traditional conception of 'family'. It also investigates significant legislative developments that impacted on the establishment of the constitutional family in the South African law of succession.