Navsa Ja subsequently found that: ?In the absence of legislative regulation the permutations and uncertainties abound.? another consideration mili- case the earning capacity of the first respondent was held not to be a changed circumstance on which the deceased could rely to seek a variation of the maintenance order. The propriety of that aspect of the order appears to be doubtful.? on a diminution in or lack of means (if he so wished). Remarriage was not excluded. To subject a deceased estate to assessments of this kind is not only undesirable according to the of any kind it should be by the legislature on an informed and wellconsidered basis,? but for the moment the legislature and our courts are content with s 7 (2) of the Divorce act. tating against the conclusion of the court a quo is substantiated by the fact that ?[17] ... maintenance is always relative to the means and needs of the respective spouses. In the present That portion of the order could in any way and did not preclude the deceased estate from approaching a maintenance court to seek a variation based Sca, but also seems to offend against first principles. I agree with the conclusion reached by Navsa Ja, namely that ?[18] ... if there is to be intervention Llewelyn Curlewis LLM (Unisa) BLC LLD (UP) is an attorney at Pieterse & Curlewis Inc in Pretoria. q

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