The Antenuptial contract excludes a marriage in community of property and may include the application of the accrual system, or not. Where a marriage includes the application of the accrual system the accrual is calculated at dissolution of the marriage, either by death or divorce. Thus, it is of the utmost importance that your estate planning makes provision for a possible payment (or claim) in terms of the accrual upon your death.
The accrual system has probably contributed to a fair and equitable division of assets on divorce. However, the effect of the system on the interpretation of wills that were drawn without regard to the accrual system will, as the years go by, become more and more evident. Roger Green, de Rebus November 2008
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