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Maintenance of Surviving Spouses Act

The Maintenance of Surviving Spouses Act, 27 of 1990, prescribes the factors to be taken into account to determine the reasonable need for maintenance of a surviving spouse in a marriage.

This judgement of the Cape High Court (Rogers J) goes to great lengths to investigate these factors and apply the act to the facts of this matter.  It gives fiduciary practitioners useful guidance on how to approach claims under the act.  (Seidel v Lipschitz NO and Others (24960/11) [2013] ZAWCHC 158 (24 October 2013).

Download a PDF of the full court case here.

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