Carelse v Estate De Vries

In Carelse v Estate De Vries, an important case in South African succession law, Carelse was seduced, on the promise of marriage, by the deceased (who was already married with children). Carelse and the deceased continued their relationship and had seven children between them until the deceased died intestate. At this time the Intestate Succession Act said that illegitimate children could not inherit from their deceased parents. The court held, however, that this was no longer the position and awarded maintenance to the children. Although the deceased died intestate, the principle is the same for persons who die testate.

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