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My brief answer to the question posed depends on where the person posting the question is. If you are in South Africa you will know that the pinnacle court of the land, to wit the South African Constitutional Court in the celebrated case of Bhe held unequivocally that the principle of male primoginature is unconsitutional for it is discriminatory and against the well entrenched consitutional right to equality. The other angle to this question is the whole issue of the deceased's freedom of testation. According to this principle, the deceased's freedom to bequeath his or her property to anybody (including juristic personas) can not be disturbed. On the strength of the Bhe decision and the freedom of testation principle, therefore, I don't see how a person can challenge a will from the angle of the law of primogeniture.

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18y ago

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