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Deemed property of the estate in terms of Section 3(3)(d) of the Estate Duty Act 45 of 1955

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dc.contributor.advisor Van der Linde, Kathleen
dc.contributor.author De Souza, Tanya
dc.date.accessioned 2015-01-23T04:24:36Z
dc.date.available 2015-01-23T04:24:36Z
dc.date.issued 1999-11
dc.identifier.citation De Souza, Tanya (1999) Deemed property of the estate in terms of Section 3(3)(d) of the Estate Duty Act 45 of 1955, University of South Africa, Pretoria, <http://hdl.handle.net/10500/17972> en
dc.identifier.uri http://hdl.handle.net/10500/17972
dc.description.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. en
dc.format.extent 1 online resource (28 leaves)
dc.language.iso en
dc.subject.ddc 343.53068
dc.subject.lcsh Estates (Law) -- South Africa en
dc.subject.lcsh Inheritance and transfer tax -- Law and legislation -- South Africa en
dc.title Deemed property of the estate in terms of Section 3(3)(d) of the Estate Duty Act 45 of 1955 en
dc.type Dissertation
dc.description.department Private Law
dc.description.degree LL.M.


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