Question
Mr X and Mrs Y have concluded a civil marriage in 1975 and are in the process of getting a divorce. Prior to their marriage
Mr X and Mrs Y have concluded a civil marriage in 1975 and are in the process of getting a divorce. Prior to their marriage in 1975, they entered into a duly executed and registered antenuptial contract to their marriage which excluded community of property and community of profit and loss. Today Mr X's estate is worth R4.5 million while Mrs Y's estate is only worth about R100 000. Mrs Y approaches and informed you that during the subsistence of the marriage, she maintained the household, raised the children singlehandedly and also assisted Mr X in his business as an undertaker, working her fingers to the bone without ever receiving any remuneration.
Advise Mrs Y whether she has a claim against Mr X's estate. Clearly explain to her what the prerequisites and requirements for such a claim are and refer to applicable reported case law to substantiate your answer.
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