Common Contracts
1 similar Redistribution Agreement contracts
Redistribution agreement pdfRedistribution Agreement • August 20th, 2023
Furthermore, when immoveable property is involved, Section 2(1) of the Alienation of Land Act also provides that, if immovable property is involved in such redistribution, then it must be in writing. A similar test was also applied in the Klerck case (see discussion supra). It must, however, be noted that where a bequest is unfeasible, for example where a testator bequeaths a house to each of his children and after his death it becomes evident that all the houses are built on one piece of land and the subdivision of such land is not permissible, such bequest is void and the land will be regarded as part of the remainder of the estate and will devolve upon whoever is entitled to such remainder (see Ex parte Adams NO 1964 SA 135 CPD). However, in terms of section 14(1)(b)(iii) of the Act, a departure from this general rule may be taken by means of a redistribution agreement which may be entered into between the heirs and legatees of a deceased estate, and/or between such heirs and the su
