De Souza, Tanya (1999) Deemed Property of the Estate in Terms of Section 3(3)(D) of the Estate Duty Act 45 of 1955. Masters thesis, University of South Africa.
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Abstract
In section 3(3)(d) of the Estate Duty Act 45 of 1955 (the Act) the legislature introduced the concept "competent to dispose", described in section 3(5) of The Act as a "power". If the deceased was "competent to dispose" property for his own benefit or that of his estate, section 3(3)(d) deems that property to be property of the estate. In order to determine when property may be deemed property of the deceased estate it is necessary to analyse the meaning of section 3(3)(d) as read with section 3(5) of the Act. An analysis of section 3(3)(d) of the Act indicates that it may be applied to those with a legal right to dispose of property for their own benefit or for the benefit of their estates. This interpretation is based on the meaning of "competent to dispose", and "power" as derived form the analysis.
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Africana |
| Depositing User: | Martin Lucas Mkoba |
| Date Deposited: | 20 Jan 2017 08:19 |
| Last Modified: | 20 Jan 2017 08:30 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/1170 |
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