key to the study guide - Name

(6) Can one spouse approach the court for a maintenance order if he or
she has entered into an extra-judicial separation agreement with
the other spouse?
. The dissolution of marriage by the death of one or both spouses
(7) Briefly explain the effect of death on a marriage in community of
property.
(8) Does a surviving spouse have a claim for maintenance against the
estate of his or her deceased spouse? Explain fully.
PLEASE NOTE: YOU SHOULD ALSO BE ABLE TO ANSWER
PROBLEM-TYPE QUESTIONS ON THE CONTENT OF THIS
STUDY UNIT.
Below follows an example of a problem-type question:
Mr and Mrs X were married out of community of property in 1960. Mr X
died two weeks ago. At the time of his death, Mr X had an estate of
R500 000 while Mrs X had an estate of R5 000. In terms of Mr X's will,
Mrs X will inherit a sum of R15 000. No further provision has been made
for Mrs X in Mr X's will. The spouse's house which was registered in Mr
X's name, was bequeathed to his brother, Mr Y. Mr X has bequeathed the
remainder of his estate to Z, his son from a previous marriage. Mrs X fears
that she will be unable to maintain herself out of her estate and the money
bequeathed to her by Mr X. In terms of the Maintenance of Surviving
Spouses Act 27 of 1990 Mrs X claims maintenance from Mr X's estate. If
this claim is granted, how will it be settled?
SUMMARY
This study unit is the first in which you learned about dissolution of
marriage. It set out and discussed
. the ways in which a marriage is dissolved
. judicial separation
. extra-judicial separation
. the effect of death on a marriage in community
. the claim of a surviving spouse in a civil or customary marriage for
maintenance out of the estate of his or her deceased spouse
. the issue of whether a Muslim spouse has a claim for maintenance out
of the estate of his or her deceased spouse
. the issue of whether a surviving life partner has a claim for
maintenance out of the estate of his or her deceased life partner
In the next study unit you will start learning about divorce and, in
particular, the grounds for divorce.
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