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Administration of Estates Act, 1965 (Act No. 66 of 1965)

Chapter VI: Miscellaneous Provisions

105. Repeal of laws, and savings

 

1) Subject to the provisions of sub-sections (2) and (3), the laws set out in the Schedule are hereby repealed to the extent specified in the third column thereof.

 

2) The estate of any person who died before the commencement of this Act shall be liquidated and distributed, and any matter relating to the liquidation and distribution of such estate shall be dealt with as if this Act had not been passed.

 

3) If the surviving spouse of any person—
a) who died in the Republic, before the commencement of this Act; or
b) [Section 105 (3)(b) deleted by Act No. 49 of 1996.]
c) who died or dies after the commencement referred to in paragraph (a) but before the relevant date referred to in section 44 (3) leaving a will in terms of which any minor child of the deceased and such spouse is or will when born be entitled to any movable property subject to usufructuary or fiduciary rights or any other like interest in favour of such spouse,

intends to marry under circumstances where a certificate under section 56 of the Administration of Estates Act, 1913 (Act No. 24 of 1913), would, but for the repeal of that Act, have been required before the intended marriage could be solemnized, the provisions of the said section 56 shall apply in relation to the intended  marriage as if this Act had not been passed.