Anyone investigating legislation which applies to the ‘relinquishing of property on estates’ will want to consider its practical significance. The fact that in the recent past a series of Supreme Court rulings have been made, indicates that legislation does in fact have practical relevance. Nevertheless, the subject has received little attention from the legal system. With this in mind the author studies the theme from both historical perspectives as well present specifications, and also takes into account court decisions taken in the recent past.