Podcast
Questions and Answers
Which principle mandates that a testator's wishes in their will must be honored?
Which principle mandates that a testator's wishes in their will must be honored?
- Freedom of Testation Principle
- Immovable Property Principle
- General Law Amendment Principle
- Voluntas Testatoris Servanda Est Principle (correct)
The court can alter a testator's will even if it violates their express intentions if all beneficiaries agree.
The court can alter a testator's will even if it violates their express intentions if all beneficiaries agree.
False (B)
What must a testator generally do to exercise their freedom of testation?
What must a testator generally do to exercise their freedom of testation?
Personally exercise their rights
Conditions in wills that are contrary to _____ will generally not be enforced by the courts.
Conditions in wills that are contrary to _____ will generally not be enforced by the courts.
Match the following concepts with their corresponding descriptions:
Match the following concepts with their corresponding descriptions:
What can indirectly restrict a testator's freedom?
What can indirectly restrict a testator's freedom?
A testator can delegate their power of testation to any beneficiary.
A testator can delegate their power of testation to any beneficiary.
Section 33(1) of the General Law Amendment Act empowers the court to authorize the _____ of restricted immovable property for unborn beneficiaries.
Section 33(1) of the General Law Amendment Act empowers the court to authorize the _____ of restricted immovable property for unborn beneficiaries.
Which of the following statements about freedom of testation is correct?
Which of the following statements about freedom of testation is correct?
Discriminatory provisions based on gender are permissible under the principle of freedom of testation.
Discriminatory provisions based on gender are permissible under the principle of freedom of testation.
What limit does the Constitution impose regarding unfair discrimination?
What limit does the Constitution impose regarding unfair discrimination?
Provisions that attempt to limit eligibility based on _____ are considered as unfair discrimination.
Provisions that attempt to limit eligibility based on _____ are considered as unfair discrimination.
Match the following cases with their outcomes:
Match the following cases with their outcomes:
Which of the following is considered a contra bonos mores condition?
Which of the following is considered a contra bonos mores condition?
Conditions that interfere with marital relationships are typically considered valid.
Conditions that interfere with marital relationships are typically considered valid.
What does Section 9(4) of the Constitution prohibit?
What does Section 9(4) of the Constitution prohibit?
Which of the following acts recognizes voluntary unions of two persons of any gender?
Which of the following acts recognizes voluntary unions of two persons of any gender?
The Non-delegation Rule allows testators to delegate decision-making regarding beneficiaries to others.
The Non-delegation Rule allows testators to delegate decision-making regarding beneficiaries to others.
What is recognized as a substitute wife under the Recognition of Customary Law of Succession Act?
What is recognized as a substitute wife under the Recognition of Customary Law of Succession Act?
In South African law, testamentary power allows testators to appoint __________ directly.
In South African law, testamentary power allows testators to appoint __________ directly.
Match the following legal cases with their respective contexts:
Match the following legal cases with their respective contexts:
What is the primary obligation for the maintenance of minor children after a testator's death?
What is the primary obligation for the maintenance of minor children after a testator's death?
Which act specifically deals with partners in permanent life partnerships?
Which act specifically deals with partners in permanent life partnerships?
A surviving spouse's maintenance claim is prioritized equally with that of a dependent child.
A surviving spouse's maintenance claim is prioritized equally with that of a dependent child.
The Civil Union Act permits polygamous unions.
The Civil Union Act permits polygamous unions.
In what scenario can a major child claim support from their deceased parent's estate?
In what scenario can a major child claim support from their deceased parent's estate?
What is the primary limitation set by the Non-delegation Rule for testators?
What is the primary limitation set by the Non-delegation Rule for testators?
A child’s maintenance claim ranks after __________ but is prioritised over legatees and heirs.
A child’s maintenance claim ranks after __________ but is prioritised over legatees and heirs.
Which case extended the definition of 'spouse' to include polygamous Muslim marriages?
Which case extended the definition of 'spouse' to include polygamous Muslim marriages?
What factors are considered in assessing reasonable maintenance needs for a surviving spouse?
What factors are considered in assessing reasonable maintenance needs for a surviving spouse?
Match the following cases with their outcomes related to maintenance and inheritance:
Match the following cases with their outcomes related to maintenance and inheritance:
Maintenance obligations for minor children are based on the child's standard of __________.
Maintenance obligations for minor children are based on the child's standard of __________.
Study Notes
Freedom of Testation
- Testators (those making a will) have the right to determine how their estate is divided.
- This right is based on the principle of Voluntas Testatoris Servanda Est - the testator's wishes must be upheld.
- Courts cannot alter a will against the testator's clear intentions, even with beneficiary agreements.
Limitations on Freedom of Testation
- Statutory Limitations: The Immovable Property (Removal or Modification of Restrictions) Act restricts how property can be bequeathed. Courts can remove restrictions on immovable property if it benefits the entitled person.
- Common Law Limitations: Provisions in a will against public policy will not be enforced, and discriminatory provisions are considered against public policy.
- Constitutional Limitations: The Constitution prohibits unfair discrimination based on race, gender, sex, etc. Provisions that restrict marriage based on race or faith or require a specific location for residence are likely invalid.
Indirect Limitations
- Maintenance of Children: Testators can disinherit children, but the estate remains obligated to ensure their maintenance and education, which continues until adulthood.
- Maintenance of the Surviving Spouse: The Maintenance of Surviving Spouses Act provides a claim for reasonable maintenance to a surviving spouse unable to support themselves. This claim is considered equal to that of a dependent child.
Recognition of Marriage and Partnerships for Inheritance and Maintenance
- Civil Union Act: Recognizes voluntary unions of two persons of any gender, with the same legal consequences as marriage, allowing partners to claim maintenance and inherit.
- RCLSA (Recognition of Customary Law of Succession Act): Recognizes "woman-to-woman spouse" and "substitute spouse" in customary marriages, granting them inheritable and maintenance rights.
Power of Appointment
- While testators have significant freedom to appoint beneficiaries, they cannot delegate this decision to others.
- Exceptions to Non-Delegation:
- Bequests for Charitable Purposes: Testators can authorize beneficiaries or executors to appoint specific beneficiaries for charitable purposes.
- Delegation to Bearers of Interim Rights: Interim right-holders have limited rights to the testator's assets and must transfer them to others.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
This quiz explores the principles of freedom of testation, focusing on the testator's rights and the limitations imposed by statutory, common law, and constitutional factors. Understand how the law upholds or restricts the distribution of an estate based on various regulations.
