Erfregtelike onwaardigheid: Enige lesse te leer vir die Suid-Afrikaanse reg uit die Nederlandse reg?

Abstract

The regulation of unworthiness to inherit in Book 4 of the (new) Dutch Civil Code (2003) occasioned numerous interpretation and application challenges to Dutch courts, notaries and inheritance scholars. These challenges correspond greatly with many of the contentious issues regarding unworthiness to inherit in modern South African law. This article investigates certain aspects of the Dutch legal position with a view to commenting on, and suggesting solutions to, corresponding challenges in the South African context. Issues such as the effect of unworthiness to inherit on matrimonial property claims as well as maintenance claims against a deceased estate, the suitability and appropriateness for South African law of a “forgiveness provision” that eliminates unworthiness similar to the one included in the Book 4 of the Dutch Civil Code and the regulation of unworthiness to inherit in the context of euthanasia are analysed from a legal-comparative standpoint.