Inheritance Rights and Capacities
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Questions and Answers

Which of the following is NOT a requirement for a natural person to enjoy a vested right to inheritance?

  • Being a legal resident (correct)
  • Not repudiating the inheritance
  • Attaining the age of majority
  • Being of sound mind

    • A minor can inherit immovable property but cannot sell or mortgage it until reaching adulthood.

    True

    What fund is used to manage money inherited by a minor?

    Guardian’s Fund

    A natural person may acquire a vested right to an inheritance regardless of their ________.

    <p>legal capacity</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Vested right = Unconditional right to inherit Legal guardian = Person appointed to manage a minor's inheritance Minor = Person below the age of majority Court-appointed curator = Individual assigned by the court for a minor’s estate management</p> Signup and view all the answers

    Which of the following statements about minors inheriting movable property is true?

    <p>Their guardian manages the property for the minor's benefit.</p> Signup and view all the answers

    A natural person must repudiate an inheritance to inherit property.

    <p>False</p> Signup and view all the answers

    What is required for a minor's guardian to withdraw money from the Guardian's Fund?

    <p>Approval from the Court</p> Signup and view all the answers

    What is required for a guardian to alienate or mortgage property valued over R250,000?

    <p>High Court approval</p> Signup and view all the answers

    An unborn child can inherit if conceived before the deceased's death and born alive.

    <p>True</p> Signup and view all the answers

    What is the maximum mortgage amount that the Master may approve for property preservation?

    <p>R250,000</p> Signup and view all the answers

    Children born from extramarital relationships have the same inheritance status as those born within ______.

    <p>wedlock</p> Signup and view all the answers

    If a beneficiary is declared of unsound mind, who manages their inheritance?

    <p>A court-appointed curator</p> Signup and view all the answers

    Match the following terms with their descriptions:

    <p>Nasciturus Fiction = Refers to unborn child inheritance conditions Intestate Succession = Inheritance according to statutory rules without a will Prodigal = A spendthrift who requires a curator for managing property Master's Consent = Approval needed for property decisions under specified value</p> Signup and view all the answers

    Persons deemed of unsound mind require a court to appoint a ______ for property management.

    <p>curator</p> Signup and view all the answers

    A prodigal individual is considered of unsound mind under inheritance laws.

    <p>False</p> Signup and view all the answers

    What happens to the property owned by an insolvent person?

    <p>It becomes part of the insolvent estate and is administered for creditors.</p> Signup and view all the answers

    A juristic person cannot inherit under the Intestate Succession Act.

    <p>False</p> Signup and view all the answers

    What clause can a testator include in a will regarding an insolvent heir?

    <p>Inheritance may be forfeited and directed to a substitute heir or placed in a trust.</p> Signup and view all the answers

    The ______ rule prohibits a person from inheriting from their own wrongdoing.

    <p>Bloody Hand</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Intestate Succession Act = Allows juristic persons to inherit Repudiation = Declining an inheritance Coniunctissimi = Surviving spouses, parents, and children Bloody Hand Rule = Prohibits inheritance due to wrongdoing</p> Signup and view all the answers

    Which of the following entities may NOT repudiate an inheritance through agents?

    <p>Companies</p> Signup and view all the answers

    Individuals associated with entities can repudiate an inheritance by a majority vote.

    <p>True</p> Signup and view all the answers

    What must happen for a company to repudiate an inheritance after gaining capacity?

    <p>Repudiation must occur within a reasonable time.</p> Signup and view all the answers

    What principle does the Roman-Dutch Maxim 'De bloedige hand neemt geen erf' encapsulate?

    <p>Beneficiaries involved in unlawful acts cannot inherit</p> Signup and view all the answers

    A court order is required for immediate disqualification of a beneficiary under the Bloody Hand Principle.

    <p>False</p> Signup and view all the answers

    What do the cases like Casey v The Master and Caldwell v Erasmus illustrate about the act of murder and disqualification?

    <p>Murder disqualifies a beneficiary from receiving an inheritance.</p> Signup and view all the answers

    An ______ is a person deemed unworthy to inherit due to unlawful actions toward the deceased.

    <p>indignus</p> Signup and view all the answers

    Match each case with its significance regarding inheritance disqualification:

    <p>Casey v The Master = Murder disqualifies a beneficiary Ex parte Vonzel = Conviction for murder prevents inheritance Leeb v Leeb = Will can specify disqualification for misconduct Makhanya v Minister of Finance = Statutory disqualification for involvement in death</p> Signup and view all the answers

    In which case was it established that excessive alcohol consumption led to lack of testamentary capacity?

    <p>Taylor v AE Pim</p> Signup and view all the answers

    The act of assisting in the murder of the deceased does not disqualify a beneficiary from inheriting.

    <p>False</p> Signup and view all the answers

    What overall principle relates to beneficiaries being barred from inheritance due to misconduct?

    <p>The Bloody Hand Principle</p> Signup and view all the answers

    What principle was expanded in the case of Danielz v De Wet?

    <p>The indignus principle</p> Signup and view all the answers

    A beneficiary who types a dictated will is disqualified from inheriting.

    <p>False</p> Signup and view all the answers

    What is an 'indignus' in the context of South African law?

    <p>A person disqualified from inheriting due to wrongful actions.</p> Signup and view all the answers

    Section 4A of the Wills Act disqualifies beneficiaries involved in the _____ of a will from benefiting.

    <p>execution</p> Signup and view all the answers

    Match the following terms with their descriptions:

    <p>Indignus = Disqualified from inheriting due to wrongful actions Section 4A = Disqualification of beneficiaries involved in will execution Section 1(7) = Provides for substitution ex lege for descendants of disqualified beneficiaries Intestate Succession Act = Legislates on inheritance when someone dies without a valid will</p> Signup and view all the answers

    Which of the following is NOT an exception to the disqualification rule of a beneficiary?

    <p>The beneficiary had no role in the will execution</p> Signup and view all the answers

    Descendants of a disqualified beneficiary are also disqualified from inheriting under common law.

    <p>True</p> Signup and view all the answers

    What must a court application prove about a beneficiary involved in the execution process?

    <p>That the beneficiary did not unduly influence the testator.</p> Signup and view all the answers

    Study Notes

    Capacity to Inherit

    • All persons, born or unborn, are competent to inherit.
    • Natural persons, regardless of age, mental state, or legal capacity, can inherit.
    • Minors can inherit, but their enjoyment of the inheritance is limited.
    • A minor's inheritance is managed by a guardian or court-appointed curator.
    • A minor's movable property is managed by their guardian.
    • Money inherited by a minor is deposited into the Guardian's Fund.
    • Immovable property inherited by a minor is registered in their name, but they cannot sell, pledge, or mortgage it.
    • The nasciturus fiction applies to unborn children conceived at the time of inheritance.
    • Children born out of wedlock have the same inheritance rights as children born in wedlock.
    • Persons of unsound mind can inherit, but their enjoyment may be restricted.
    • A court-appointed curator manages the inheritance of a person of unsound mind.
    • Insolvent persons can inherit, but their inheritance becomes part of their insolvent estate and is administered by a trustee.
    • A testator can include a clause in their will to forfeit the inheritance of an insolvent heir.
    • Juristic persons can inherit under the Intestate Succession Act.
    • Juristic persons, like corporations and trusts, can inherit by will, but they can also repudiate the inheritance.
    • Entities without corporate personalities can repudiate inheritance via majority vote or special resolution.

    Disqualified Persons

    • The "bloody hand rule" disqualifies individuals from inheriting from their own wrongdoing or misdeeds.
    • A beneficiary who causes the death of the deceased or their coniunctissimi (closest relatives) is disqualified from inheriting.
    • The principle of "de bloedige hand neemt geen erf" (the bloody hand takes no inheritance) encompasses this rule.
    • A court order is required to disqualify a beneficiary under the bloody hand rule.
    • The onus of proof lies with the party alleging disqualification.
    • The law has confirmed that a murderer cannot inherit from the estate of their victim.
    • A beneficiary who assisted in causing the death of the deceased is also disqualified.
    • A will can explicitly disqualify a beneficiary for misconduct, which must be clearly stated.

    Unworthy Persons

    • An indignus is a beneficiary barred from inheritance due to unworthy conduct.
    • Public policy plays a role in determining who is deemed an indignus.
    • Courts can disqualify a beneficiary based on public policy even if specific acts are not explicitly mentioned in common law.
    • The indignus principle applies to both testate and intestate succession.

    Persons Involved in the Execution Process

    • Section 4A of the Wills Act disqualifies beneficiaries involved in the execution of a will from benefiting.
    • This disqualification applies to witnesses, those who write the will, and spouses of witnesses.
    • Exceptions exist for small inheritances and the presence of two competent witnesses who do not inherit.
    • In other cases, court approval is required to lift the disqualification.

    Consequences of Disqualification

    • Previously, a disqualified beneficiary's descendants were also disqualified from inheriting.
    • Legislation amended this rule to prevent unfair consequences for children.
    • Substitution ex lege applies in such cases, allowing the disqualified beneficiary's descendants to inherit in their place.

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    ERF 222 Law of Succession Chapter 7 PDF

    Description

    Explore the complex rules surrounding the capacity to inherit in various circumstances, including minors, individuals with mental disabilities, and unborn children. This quiz covers legal considerations regarding guardianship, property management, and the rights of children regardless of their birth status. Test your knowledge on these fundamental inheritance principles.

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