Podcast
Questions and Answers
What primary focus does customary law have in succession compared to common law?
What primary focus does customary law have in succession compared to common law?
- Commercial transactions
- Individual property rights
- Wealth transfer
- Preservation of the family unit (correct)
Before 1994, common and customary systems of succession in South Africa were integrated.
Before 1994, common and customary systems of succession in South Africa were integrated.
False (B)
What act restricted black people's ability to dispose of certain property through wills?
What act restricted black people's ability to dispose of certain property through wills?
Black Administration Act
The ________ Succession Act did not apply to estates governed by section 23 of the Black Administration Act.
The ________ Succession Act did not apply to estates governed by section 23 of the Black Administration Act.
Match the following succession principles with their respective focuses:
Match the following succession principles with their respective focuses:
How are conflicts in customary law addressed?
How are conflicts in customary law addressed?
Only family and immovable property not classified as house property could be disposed of by will under common law.
Only family and immovable property not classified as house property could be disposed of by will under common law.
What are the two main types of succession laws mentioned?
What are the two main types of succession laws mentioned?
Which Act governs the distribution of a deceased person's estate?
Which Act governs the distribution of a deceased person's estate?
The Administration of Estates Act 66 of 1965 is not relevant to estate administration.
The Administration of Estates Act 66 of 1965 is not relevant to estate administration.
What role does the Master of the High Court play in estate administration?
What role does the Master of the High Court play in estate administration?
The __________ of surrogates refers to a law that provides support for surviving spouses.
The __________ of surrogates refers to a law that provides support for surviving spouses.
Match the following Acts with their primary focus:
Match the following Acts with their primary focus:
Which Act relates to the control of properties in trusts?
Which Act relates to the control of properties in trusts?
The Constitution of the Republic of South Africa is irrelevant in estate administration matters.
The Constitution of the Republic of South Africa is irrelevant in estate administration matters.
Name one Act that addresses issues related to customary marriages.
Name one Act that addresses issues related to customary marriages.
In a polygamous Muslim marriage, what is the legal status of a widow's right to inherit?
In a polygamous Muslim marriage, what is the legal status of a widow's right to inherit?
In a monogamous Hindu marriage, a partner is not considered a spouse if the marriage is declared invalid.
In a monogamous Hindu marriage, a partner is not considered a spouse if the marriage is declared invalid.
What is recognized in a permanent same-sex life partnership according to Gory v Kolver?
What is recognized in a permanent same-sex life partnership according to Gory v Kolver?
Surviving partners in a customary polygamous marriage are recognized according to _____ v Magistrate, Khayelitsha.
Surviving partners in a customary polygamous marriage are recognized according to _____ v Magistrate, Khayelitsha.
Match the following types of marriages/partnerships with their corresponding legal recognition:
Match the following types of marriages/partnerships with their corresponding legal recognition:
What is the definition of 'Spouse' according to RCLSA?
What is the definition of 'Spouse' according to RCLSA?
Women in union with a deceased male to provide children are not regarded as descendants.
Women in union with a deceased male to provide children are not regarded as descendants.
What is the first group to inherit according to the parental consists overview?
What is the first group to inherit according to the parental consists overview?
What does Ukuvusa allow the deceased's natural heir to do?
What does Ukuvusa allow the deceased's natural heir to do?
The Intestate Succession Act applies only to estates governed by customary law.
The Intestate Succession Act applies only to estates governed by customary law.
Which of the following factors can determine the validity of a will concerning movable property in South Africa?
Which of the following factors can determine the validity of a will concerning movable property in South Africa?
Ademption refers to the automatic validity of all legacies made by a testator.
Ademption refers to the automatic validity of all legacies made by a testator.
What is the definition of 'intestate'?
What is the definition of 'intestate'?
The _____ Succession Act applies alongside the Intestate Succession Act for estates under customary law.
The _____ Succession Act applies alongside the Intestate Succession Act for estates under customary law.
What is the term used for the acceptance of a benefit or inheritance from the estate of a testator?
What is the term used for the acceptance of a benefit or inheritance from the estate of a testator?
Match the following terms with their definitions:
Match the following terms with their definitions:
A bequest that does not contain any conditions is referred to as an __________.
A bequest that does not contain any conditions is referred to as an __________.
Under which circumstances does Intestate Succession apply?
Under which circumstances does Intestate Succession apply?
Which of the following terms describes the right of co-heirs to inherit the share of a co-heir who cannot or does not wish to receive it?
Which of the following terms describes the right of co-heirs to inherit the share of a co-heir who cannot or does not wish to receive it?
An amanuensis is a person who can inherit from an estate.
An amanuensis is a person who can inherit from an estate.
A valid will can cover the entire estate, preventing intestacy.
A valid will can cover the entire estate, preventing intestacy.
If a listed beneficiary repudiates their benefit without a substitute provision, it may lead to _____ intestacy.
If a listed beneficiary repudiates their benefit without a substitute provision, it may lead to _____ intestacy.
The process by which a deceased estate is liquidated and distributed is known as __________ of estates.
The process by which a deceased estate is liquidated and distributed is known as __________ of estates.
Match the following terms with their definitions:
Match the following terms with their definitions:
Which case extended intestate succession rights to same-sex partners in permanent life partnerships?
Which case extended intestate succession rights to same-sex partners in permanent life partnerships?
The Intestate Succession Act was found unconstitutional for excluding partners in permanent opposite-sex life partnerships.
The Intestate Succession Act was found unconstitutional for excluding partners in permanent opposite-sex life partnerships.
What did Wilsnach v TM consider regarding the grandmother's role?
What did Wilsnach v TM consider regarding the grandmother's role?
Before 27 April 1994, black individuals with an African customary marriage had their estate devolve according to the repealed section ____ of the Black Administration Act.
Before 27 April 1994, black individuals with an African customary marriage had their estate devolve according to the repealed section ____ of the Black Administration Act.
Which case recognized the rights of spouses in monogamous Hindu marriages under the Intestate Succession Act?
Which case recognized the rights of spouses in monogamous Hindu marriages under the Intestate Succession Act?
Same-sex permanent life partnerships were recognized for intestate succession rights before 27 April 1994.
Same-sex permanent life partnerships were recognized for intestate succession rights before 27 April 1994.
Match the cases with their contributions to intestate succession laws:
Match the cases with their contributions to intestate succession laws:
After 27 April 1994 but before RCLSA operation, black individuals with an African customary marriage had their estate devolve according to the Intestate Succession Act as modified by _____.
After 27 April 1994 but before RCLSA operation, black individuals with an African customary marriage had their estate devolve according to the Intestate Succession Act as modified by _____.
Flashcards
Estate Administration
Estate Administration
The process of managing and distributing the assets of a deceased person.
Relevant Acts
Relevant Acts
Specific laws governing the distribution of estates and succession.
Administration of Estates Act 66 of 1965
Administration of Estates Act 66 of 1965
A key Act crucial for estate administration in South Africa.
Material Rules of Succession
Material Rules of Succession
Signup and view all the flashcards
Master of the High Court
Master of the High Court
Signup and view all the flashcards
Law of Succession
Law of Succession
Signup and view all the flashcards
Private Sphere
Private Sphere
Signup and view all the flashcards
Applicable law for deceased estates
Applicable law for deceased estates
Signup and view all the flashcards
Customary law conflicts
Customary law conflicts
Signup and view all the flashcards
Common vs. Customary Succession
Common vs. Customary Succession
Signup and view all the flashcards
Choice of Law Rules
Choice of Law Rules
Signup and view all the flashcards
Pre-1994 Succession Laws
Pre-1994 Succession Laws
Signup and view all the flashcards
Black Administration Act
Black Administration Act
Signup and view all the flashcards
Marital Status and Succession
Marital Status and Succession
Signup and view all the flashcards
Intestate Succession Act Applicability
Intestate Succession Act Applicability
Signup and view all the flashcards
Intestate Succession
Intestate Succession
Signup and view all the flashcards
Testate
Testate
Signup and view all the flashcards
Intestate
Intestate
Signup and view all the flashcards
Intestate Succession Act
Intestate Succession Act
Signup and view all the flashcards
Reform of Customary Law of Succession Act
Reform of Customary Law of Succession Act
Signup and view all the flashcards
Ukuvusa
Ukuvusa
Signup and view all the flashcards
Valid South African Will
Valid South African Will
Signup and view all the flashcards
Movable Property Will Validity
Movable Property Will Validity
Signup and view all the flashcards
Immovable Property Will Validity
Immovable Property Will Validity
Signup and view all the flashcards
Absolute Bequest
Absolute Bequest
Signup and view all the flashcards
Accrual (ius accrescendi)
Accrual (ius accrescendi)
Signup and view all the flashcards
Adeemed Legacy
Adeemed Legacy
Signup and view all the flashcards
Adiation
Adiation
Signup and view all the flashcards
Estate Administration
Estate Administration
Signup and view all the flashcards
Amanuensis
Amanuensis
Signup and view all the flashcards
Amendment (Will)
Amendment (Will)
Signup and view all the flashcards
Animus Testandi
Animus Testandi
Signup and view all the flashcards
Polygamous Muslim Marriage
Polygamous Muslim Marriage
Signup and view all the flashcards
Monogamous Hindu Marriage
Monogamous Hindu Marriage
Signup and view all the flashcards
Same-sex Life Partnership
Same-sex Life Partnership
Signup and view all the flashcards
Heterosexual Life Partnership
Heterosexual Life Partnership
Signup and view all the flashcards
Customary Polygamous Marriage
Customary Polygamous Marriage
Signup and view all the flashcards
"Spouse" (RCMA)
"Spouse" (RCMA)
Signup and view all the flashcards
"Spouse" (RCLSA)
"Spouse" (RCLSA)
Signup and view all the flashcards
"Descendants" (RCLSA & RCMA)
"Descendants" (RCLSA & RCMA)
Signup and view all the flashcards
Parental Group
Parental Group
Signup and view all the flashcards
Govender v Ragavayah
Govender v Ragavayah
Signup and view all the flashcards
Gory v Kolver
Gory v Kolver
Signup and view all the flashcards
Wilsnach v TM
Wilsnach v TM
Signup and view all the flashcards
Bwanya v Master of the High Court
Bwanya v Master of the High Court
Signup and view all the flashcards
Pre-1994 Succession (Black)
Pre-1994 Succession (Black)
Signup and view all the flashcards
Post-1994 Succession (Black)
Post-1994 Succession (Black)
Signup and view all the flashcards
Other Racial groups (Pre/Post 1994)
Other Racial groups (Pre/Post 1994)
Signup and view all the flashcards
Same-sex permanent life partnerships
Same-sex permanent life partnerships
Signup and view all the flashcards
New definitions of 'spouse' and 'descendant'
New definitions of 'spouse' and 'descendant'
Signup and view all the flashcards
Study Notes
Chapter 1: General Background
- Deceased Estate: When someone dies, their estate (deceased estate) must be distributed according to succession rules.
- Law of Succession: Determines how the deceased estate is distributed.
- Types of Succession:
- Testamentary Succession: Based on valid wills.
- 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 beneficiary inheritance capacity.
- Specific Rules: Some rules only apply to specific types of succession (e.g., accrual applies only to testate succession).
- Estate Administration: The process of administering deceased estates is governed by specific rules.
- Relevant Acts: Several Acts are crucial for the law of succession and estate administration, including:
- 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 (Interim Constitution)
- 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 when a person dies without a valid will or antenuptial contract.
- Relevant Legislation:
- Intestate Succession Act
- Reform of Customary Law of Succession Act
- Definitions:
- Testate: Dying with a valid will/antenuptial contract
- Intestate: Dying without a valid will/antenuptial contract
- Intestate Succession: Determines how the deceased's estate is distributed, outlining who the heirs are and how assets are divided.
- Application of Intestate Succession: Applies when there's no will, when a will is invalid, when a will doesn't cover the whole estate, when a beneficiary repudiates, and when a will doesn't comply with formal requirements.
- Basic Concepts: Descendants, ascendants, collateral relatives, polygamy, spouses, permanent life partners, stirpes, and succession by representation.
Chapter 3: Wills Act
- Definitions: Related to the execution of a will.
- Formalities Required for a Will: Procedures involved in a valid will.
- Validity of Certain Wills: Validity of wills made in accordance with other states' laws.
- Competency to Execute a Will.
Chapter 4: Introduction
- What is testamentary capacity? The ability to make a valid will.
- Prescribed age for executing a valid will: 16 years old.
- The burden of proof lies on the person challenging the testamentary capacity.
Chapter 5: Execution of a Will
- Invalid Wills: Aspects of a will that may make it invalid.
- Importance of Compliance: Compliance with formalities for a valid will.
Chapter 6: Introduction
- Definition: The act of canceling a will.
- Partial Revocation: Allowing a testator to revoke part of a will.
- Exceptions: Specific situations where revocation is not possible.
- Methods of Revocation:
- Destruction of the whole will.
- Destruction of part of a will.
- Express revocation (including informal revocation).
- Implied revocation.
Other Chapters:
- Chapter 7 discusses Persons Capable of Inheriting
- Chapter 8 discusses Limitations on Freedom of Testation
- Chapter 9 discusses Vesting of Rights (in wills)
- Chapter 10 discusses Substitution.
- Chapter 11 discusses Testamentary Trusts.
- Chapter 12 discusses Collation.
- Chapter 13 discusses the interpretation of wills.
- Chapter 14 discusses Pacta Successoria
- Chapter 15 discusses The Reform of Customary Law of Succession Act (RCLSA)
- Chapter 16 discusses Process Overview.
- Chapter 17 discusses specific situations of succession that follow the rules in preceding chapters.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.