Deemed property of the estate in terms of Section 3(3)(d) of the Estate Duty Act 45 of 1955
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Authors
De Souza, Tanya
Issue Date
1999-11
Type
Dissertation
Language
en
Keywords
Alternative Title
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.
Description
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>