Podcast
Questions and Answers
What does the Law of Succession primarily govern?
What does the Law of Succession primarily govern?
- Inheritance matters (correct)
- Criminal offenses
- Contractual agreements
- Family law disputes
Customary law originally included the concept of a will.
Customary law originally included the concept of a will.
False (B)
What is the term for the principle that allows a testator to specify which law should apply to their will?
What is the term for the principle that allows a testator to specify which law should apply to their will?
freedom of testation
If a person dies without a valid will, this is referred to as __________ law of succession.
If a person dies without a valid will, this is referred to as __________ law of succession.
Which of the following laws does NOT apply when a valid will exists?
Which of the following laws does NOT apply when a valid will exists?
Match the following terms with their definitions:
Match the following terms with their definitions:
Conflicts may arise when interpreting vague clauses in wills.
Conflicts may arise when interpreting vague clauses in wills.
Name one historical act that governed succession in intestate cases.
Name one historical act that governed succession in intestate cases.
What is the rule of male primogeniture?
What is the rule of male primogeniture?
The rule of male primogeniture was upheld by the Constitutional Court.
The rule of male primogeniture was upheld by the Constitutional Court.
What happens if a beneficiary predeceases the testator?
What happens if a beneficiary predeceases the testator?
The principle that a child conceived but not yet born is regarded as having rights if born alive is called the ______.
The principle that a child conceived but not yet born is regarded as having rights if born alive is called the ______.
Match the customary practices with their descriptions:
Match the customary practices with their descriptions:
What must a beneficiary be at the time of succession?
What must a beneficiary be at the time of succession?
Customary law has similar rights for conceived children as the nasciturus fiction.
Customary law has similar rights for conceived children as the nasciturus fiction.
The practice that allows a widow to continue the family line if her husband dies childless is called ______.
The practice that allows a widow to continue the family line if her husband dies childless is called ______.
What is the effective date of the Intestate Succession Act discussed in the content?
What is the effective date of the Intestate Succession Act discussed in the content?
The Intestate Succession Act applies retrospectively to cases that occurred before its enactment.
The Intestate Succession Act applies retrospectively to cases that occurred before its enactment.
What happens to the estate of a deceased who is survived by a single spouse and no descendants?
What happens to the estate of a deceased who is survived by a single spouse and no descendants?
If a deceased has multiple spouses but no descendants, the estate is divided ________ among all surviving spouses.
If a deceased has multiple spouses but no descendants, the estate is divided ________ among all surviving spouses.
According to the Intestate Succession Act, how will an estate be handled if the deceased was black and died intestate before 27 April 1994?
According to the Intestate Succession Act, how will an estate be handled if the deceased was black and died intestate before 27 April 1994?
If Romeo, who is survived by three wives, dies intestate, each wife will receive half of the estate.
If Romeo, who is survived by three wives, dies intestate, each wife will receive half of the estate.
What is one major condition regarding the intestate succession that is stated in the content?
What is one major condition regarding the intestate succession that is stated in the content?
Match the following descriptions with their corresponding rules under the Intestate Succession Act:
Match the following descriptions with their corresponding rules under the Intestate Succession Act:
What happens to the estate if the deceased is survived by a permanent life partner and no descendants?
What happens to the estate if the deceased is survived by a permanent life partner and no descendants?
If a deceased has descendants but no spouse or permanent life partner, the estate goes to those descendants.
If a deceased has descendants but no spouse or permanent life partner, the estate goes to those descendants.
How is the inheritance divided among descendants when a deceased has multiple children?
How is the inheritance divided among descendants when a deceased has multiple children?
When a child is disqualified from inheriting due to specific circumstances, they are not entitled to __________.
When a child is disqualified from inheriting due to specific circumstances, they are not entitled to __________.
In the case of Rodney, how is his estate divided among his children?
In the case of Rodney, how is his estate divided among his children?
Posthumous children do not inherit from their deceased parent.
Posthumous children do not inherit from their deceased parent.
Match the following scenarios with their inheritance outcomes:
Match the following scenarios with their inheritance outcomes:
If a deceased is survived by both a spouse and descendants, the distribution depends on the number of __________ and the matrimonial property regime.
If a deceased is survived by both a spouse and descendants, the distribution depends on the number of __________ and the matrimonial property regime.
What portion of the intestate estate does a surviving parent inherit if the deceased is survived by one parent and descendants, but not the other parent?
What portion of the intestate estate does a surviving parent inherit if the deceased is survived by one parent and descendants, but not the other parent?
If the deceased has no descendants, the surviving parent inherits the entire estate.
If the deceased has no descendants, the surviving parent inherits the entire estate.
In the case where the deceased is not survived by a spouse, permanent life partner, descendants, or parents, what is the criteria for dividing the estate?
In the case where the deceased is not survived by a spouse, permanent life partner, descendants, or parents, what is the criteria for dividing the estate?
If Thomas is survived by his mother Maria and siblings Candy and Dan, Maria inherits _____ of Thomas’s estate.
If Thomas is survived by his mother Maria and siblings Candy and Dan, Maria inherits _____ of Thomas’s estate.
How is Xavier's estate of R100,000 divided according to the given rules?
How is Xavier's estate of R100,000 divided according to the given rules?
Half-siblings inherit from both halves of the deceased's estate if their parent is one of the deceased's parents.
Half-siblings inherit from both halves of the deceased's estate if their parent is one of the deceased's parents.
What percentage of the estate does Tibault inherit from Rupert's estate?
What percentage of the estate does Tibault inherit from Rupert's estate?
Match the following individuals with the portion of estate they inherit:
Match the following individuals with the portion of estate they inherit:
What degree of relation is Aunt Anne to Thomas?
What degree of relation is Aunt Anne to Thomas?
If Thomas's grandmother Carol were alive, she would inherit his estate.
If Thomas's grandmother Carol were alive, she would inherit his estate.
What happens to an heir who is disqualified or repudiates an inheritance?
What happens to an heir who is disqualified or repudiates an inheritance?
If an heir has no descendants, the share goes to other heirs according to __________.
If an heir has no descendants, the share goes to other heirs according to __________.
Match the following legal terms with their meanings:
Match the following legal terms with their meanings:
Which of these is true regarding the RCLSA and the Intestate Succession Act?
Which of these is true regarding the RCLSA and the Intestate Succession Act?
If both of Thomas's grandparents were alive, they would inherit his estate equally.
If both of Thomas's grandparents were alive, they would inherit his estate equally.
The Bhe v Magistrate, Khayelitsha case largely __________ the customary law of succession.
The Bhe v Magistrate, Khayelitsha case largely __________ the customary law of succession.
Flashcards
Law of Succession
Law of Succession
The legal rules governing inheritance after death.
Objective Law
Objective Law
Legal frameworks applicable to certain situations, like inheritance.
Private Law
Private Law
Part of law involving individuals' rights and responsibilities.
Testate Succession
Testate Succession
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Customary Law
Customary Law
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Freedom of Testation
Freedom of Testation
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Intestate Succession
Intestate Succession
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Armchair Evidence Rule
Armchair Evidence Rule
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Male primogeniture
Male primogeniture
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Bhe v Magistrate, Khayelitsha
Bhe v Magistrate, Khayelitsha
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Beneficiary
Beneficiary
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Dies cedit
Dies cedit
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Nasciturus fiction
Nasciturus fiction
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Succession
Succession
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Section 2D(1)(c) of Wills Act
Section 2D(1)(c) of Wills Act
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Ukungena and Ukuvusa
Ukungena and Ukuvusa
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Intestate Succession Act
Intestate Succession Act
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RCLSA
RCLSA
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Permanent Life Partner
Permanent Life Partner
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Intestate Succession Act (1)
Intestate Succession Act (1)
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Intestate Succession Rule: Single Spouse
Intestate Succession Rule: Single Spouse
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Intestate Succession Rule: Multiple Spouses
Intestate Succession Rule: Multiple Spouses
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Descendants
Descendants
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Customary Marriage (Before 1994)
Customary Marriage (Before 1994)
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Surviving Parent's Inheritance
Surviving Parent's Inheritance
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Descendants' Inheritance
Descendants' Inheritance
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No Descendants, Full Inheritance
No Descendants, Full Inheritance
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Estate Division with No Spouse/Partner
Estate Division with No Spouse/Partner
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Descendants of Parents' Share
Descendants of Parents' Share
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Full Sibling Inheritance
Full Sibling Inheritance
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Half-Sibling Inheritance
Half-Sibling Inheritance
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Inheritance by Representation
Inheritance by Representation
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What happens if the deceased leaves no descendants but has a permanent life partner?
What happens if the deceased leaves no descendants but has a permanent life partner?
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Who inherits if the deceased has no spouse or permanent life partner but has descendants?
Who inherits if the deceased has no spouse or permanent life partner but has descendants?
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What happens to posthumous children in inheritance?
What happens to posthumous children in inheritance?
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Who is disqualified from inheritance?
Who is disqualified from inheritance?
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How are shares distributed when multiple children are involved?
How are shares distributed when multiple children are involved?
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What happens when the deceased is survived by both a spouse and descendants?
What happens when the deceased is survived by both a spouse and descendants?
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Representation - Inheritance
Representation - Inheritance
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Matrimonial Property Regime
Matrimonial Property Regime
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Disqualification from Inheritance
Disqualification from Inheritance
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Repudiation of Inheritance
Repudiation of Inheritance
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Intestate Succession Act: Section 1(7)
Intestate Succession Act: Section 1(7)
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Intestate Succession Act: Section 1(6)
Intestate Succession Act: Section 1(6)
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Customary Law Succession
Customary Law Succession
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RCLSA and Intestate Succession Act
RCLSA and Intestate Succession Act
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Customary Law Succession: What is being abolished?
Customary Law Succession: What is being abolished?
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Study Notes
Chapter 1 Overview
- Deceased estate: When someone dies, their estate, known as the "deceased estate," must be distributed among their heirs according to the rules of succession.
- Law of Succession: Determines how the deceased estate is distributed. It identifies beneficiaries and the extent of their inheritances.
- Types of Succession:
- Testamentary Succession: Based on a valid will.
- Intestate Succession: Applies when there is no valid will.
- Succession by Contract: Occurs through a contract or agreement.
- Common Rules: Some rules apply to both testamentary and intestate succession, such as capacity to inherit.
- Specific Rules: Rules specific to testamentary or intestate succession (e.g., accrual applies only to testate succession).
- Estate Administration: The process of administering deceased estates.
- Relevant Acts:
- Administration of Estates Act 66 of 1965
- Black Administration Act 38 of 1927
- Children's Act 38 of 2005
- Children's Status Act 82 of 1987
- Civil Union Act 17 of 2006
- Constitution of the Republic of South Africa 200 of 1993
- Constitution of the Republic of South Africa 1996
- Immovable Property (Removal or Modification of Restrictions) Act 94 of 1965
- Intestate Succession Act 81 of 1987
- Law of Evidence Amendment Act 45 of 1988
Chapter 2 Introduction
- Law of Intestate Succession:
- Governs the distribution of assets in the absence of a will.
- Relevant Legislation: The Intestate Succession Act.
- Basic Concepts:
- Descendants: The deceased's lineal descendants (persons in the downward line).
- Ascendants: The deceased's ancestors (persons in the upward line).
- Collateral relatives: Related through a common ancestor.
- Polygamy: Marriage to several spouses.
- Spouse: The married partner.
- Permanent Life Partner: A person with a reciprocal duty of support.
- Stirpes: Descendants of a common ancestor.
- Succession by representation: A deceased heir's inheritance is passed to their descendants.
Chapter 3 Wills Act
-
Definition of a Will: A document outlining the distribution of a deceased person's estate.
-
Formalities required for a valid will execution.
- The testator must sign.
- The signature must be witnessed.
- There must be two witnesses
- Witnesses must sign and date the will
Chapter 4 Testamentary Capacity
- Testamentary capacity refers to the requisite mental ability to make a will. An individual of 16 years or older can make a will if they are mentally capable of understanding the nature and effect of their act.
Chapter 5 Execution of a Will
- Formal Validity: Will complies with the execution requirements.
- Substantive Validity: Will is a legally appropriate document.
- The testator/representative needs to sign (or have someone sign for them).
- Two or more competent witnesses are required.
- The witnesses need to sign (or have someone sign for them) in the testator's presence.
- Time and place of signing must be recorded in the attestation clause.
Chapter 6 Revocation of a Will
- Revocation: The act of canceling a will or part of a will.
- A testator can revoke a will at any time.
- A testator can revoke a will or part via a new will.
- Formal Requirements:
- Must be in writing.
- Signed by the testator and witnesses.
- Informal revocation (implied revocation): occurs when a testator's actions clearly indicate they intend to revoke their will.
Chapter 7 Persons Capable of Inheriting
- Natural persons : Those who are alive and have the legal capacity to inherit. These include:
- Adults (major): 18 years or older.
- Minors: Individuals under the age of 18.
- Nasciturus: Children conceived at the time of death.
- Juristic entities: Legal entities such as companies, trusts that can inherit.
Chapter 8 Limitations on Freedom of Testation
- Testators cannot prevent the alienation of immovable property, they cannot prevent this through a will or similar methods.
- Property provisions in a will for a surviving spouse, specifically concerning their maintenance, must comply with the Maintenance of Surviving Spouse Act.
- A testator's rights cannot be unduly restricted or limited to make the will invalid.
- Testators have limited rights regarding testamentary disposals of customary property.
Chapter 9 Vesting of Rights
- Dies Cedit: The moment a beneficiary acquires a vested right to a benefit under a will.
- Dies Venit: The moment when a beneficiary can enforce their claim to a benefit in a will.
- Conditions that need to occur: They must exist at the time of the testator's death to vest. The right is conditional on the conditions laid out within the will.
Chapter 10 Substitution
- Substitution: Appointing an alternative beneficiary to take the place of the initial beneficiary if needed.
- Express substitution: Clearly stated in the will.
- Implied substitution: Implied by the phrasing of the will.
- Fideicommissum: A succession arrangement in a will where property is conveyed to one person, temporarily, before passing to another upon a condition.
Chapter 11 Testamentary Trusts
- Testamentary Trust: Trusts created by a will, and these are different from inter vivos trusts.
- Fiduciary Duties: Duties of the trustee towards beneficiaries when operating a trust.
- Trust Property Control Act: A statute governing trust property.
Chapter 12 Collation
- Collation: Ensuring equal distribution of assets and wealth. It compels descendants to declare any benefits they received from the testator.
Chapter 13 Interpretation of Wills
- Interpretation: Courts' objective to determine the testator's intent.
- Rules for interpreting wills: Applying principles, and considering case law.
- Courts' reluctance to vary a will based on changing circumstances.
Chapter 14 Pactum Successorium
- A Pactum Successorium: An agreement made during a testator's lifetime to determine how their estate will be distributed after death. These agreements are typically not valid.
- Exceptions to the Rule: Certain agreements are valid, such as antenuptial contracts, and donatio mortis causa.
- Roman Law and Succession: Where the principle of succession originated. Prior concepts for making a will.
Chapter 15 Reform of Customary Law of Succession Act (RCLSA)
- The RCLSA aims to align customary law inheritance practices with the Intestate Succession Act, ensuring fairness and equal consideration for all.
- Key areas of revision in this act include the definition of spouse, descendants, and customary marriage.
Chapter 16 Administration of Estates Act
- Process for administering a deceased estate.
- Duties of an executor.
- Relevant legal statutes: The Administration of Estates Act, Deeds Registries Act, Estate Duty Act, Intestate Succession Act.
Chapter 17
- Overview of legal topics in a summary form.
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Description
Test your knowledge on the Law of Succession, including concepts related to wills, intestate succession, and customary law. This quiz will cover principles such as male primogeniture, rights of conceived children, and the historical context of succession laws. Perfect for law students and anyone interested in estate planning.
