Question

Mocktail is domiciled in South Africa. He married a person (Cocktail) who then was
domiciled in Burundi and the marriage took place in that country as well. At the time
of the marriage, Mocktail and Cocktail signed a standardised Hortors antenuptial
contract (ANC) whereby all forms of sharing were excluded. Being head over heels in
love Cocktail was not very bothered about the contents of the document, which she
signed. As it turned out, the ANC was formally invalid ab initio because it did not
comply with the legal rules of Burundi. Mocktail however registered the contract after
5 months’ delay in South Africa when they set foot ashore in this country to stay
permanently. Not too long after their arrival, Mocktail died in an airplane crash. His
Will stipulated that Cocktail would enjoy a usufruct, but that his children would inherit
his massive 5 million rand estate. This came as a shock to Cocktail and she queries
the outcome, because the basic Burundian matrimonial law would have given her half
of the accumulated estate of her husband (in the absence of a valid ANC). Fully advise
Cocktail on the formal validity of the ANC. refer to relevant legislation