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The Law of Succession in South Africa

• The law of succession determines how a deceased person's assets are distributed to qualified beneficiaries.
• The law of succession is a part of private law, along with the law of things, obligations, and intellectual property law.
• The law of succession can only function successfully in a system that recognizes the right to private property.
• The law of succession fulfills an economic function by regulating the transfer of wealth upon a person's death.
• The principle of freedom of testation allows a person to decide on the distribution of their assets at the time of their death, within certain limitations.
• The law of succession also fulfills a social function by maintaining and protecting the family as a social unit.
• The social function of the law of succession is influenced by social trends and developments affecting the family, such as the recognition of previously unprotected relationships and advanced techniques regarding fertilization and births.
• The law of succession is divided into two subdivisions: the law of testate succession and the law of intestate succession.
• A will is a unilateral declaration of the wishes of the testator, which sets out how the testator's assets are to be allocated to the designated persons or organizations after their death.
• The Wills Act 7 of 1953 sets out important aspects of the law of testate succession, such as the capacity to make a will and the formal requirements for making and amending a will.
• If a person dies without leaving a valid will or an antenuptial contract containing provisions for inheritance, their assets are inherited in accordance with the rules of the law of intestate succession.
• The Intestate Succession Act 81 of 1987 determines who the deceased's heirs are in as far as the person did not do so themselves, or in as much as it is not possible to carry out their lawful and valid wishes.

The Law of Succession in South Africa

• The law of succession determines how a deceased person's assets are distributed to qualified beneficiaries.
• The law of succession is a part of private law, along with the law of things, obligations, and intellectual property law.
• The law of succession can only function successfully in a system that recognizes the right to private property.
• The law of succession fulfills an economic function by regulating the transfer of wealth upon a person's death.
• The principle of freedom of testation allows a person to decide on the distribution of their assets at the time of their death, within certain limitations.
• The law of succession also fulfills a social function by maintaining and protecting the family as a social unit.
• The social function of the law of succession is influenced by social trends and developments affecting the family, such as the recognition of previously unprotected relationships and advanced techniques regarding fertilization and births.
• The law of succession is divided into two subdivisions: the law of testate succession and the law of intestate succession.
• A will is a unilateral declaration of the wishes of the testator, which sets out how the testator's assets are to be allocated to the designated persons or organizations after their death.
• The Wills Act 7 of 1953 sets out important aspects of the law of testate succession, such as the capacity to make a will and the formal requirements for making and amending a will.
• If a person dies without leaving a valid will or an antenuptial contract containing provisions for inheritance, their assets are inherited in accordance with the rules of the law of intestate succession.
• The Intestate Succession Act 81 of 1987 determines who the deceased's heirs are in as far as the person did not do so themselves, or in as much as it is not possible to carry out their lawful and valid wishes.