A died on 01 March 2023. A was married to B. A agreed to leave her entire estate to her spouse B in their antenuptial contract. A's property will pass to B in terms of:
A.
the law of testate succession
B.
the law of intestate succession
C.
the law of contract
D.
all of the above
E.
(A) and (B)
E. (A) and (B)
In this scenario, since A has a valid antenuptial contract stating that her entire estate will pass to her spouse B, then the property will be transferred to B in accordance with the law of contract. If A did not have an antenuptial contract, then the property would pass to B under the law of testate succession since A would have likely made a valid will leaving her estate to B. However, if there was no will or antenuptial contract, then the property would pass to B under the law of intestate succession. So, in this case, both the law of testate succession and the law of intestate succession would be applicable.