Untitled Quiz

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

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.

False

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.

Intestate Signup and view all the answers

Match the following succession principles with their respective focuses:

Common Law = Wealth transfer and individual property rights Customary Law = Preservation of the family unit Law of Evidence Amendment Act = Conflict resolution in customary law Intestate Succession Act = Regulation of intestate property distribution Signup and view all the answers

How are conflicts in customary law addressed?

Through specific rules in the Law of Evidence Amendment Act Signup and view all the answers

Only family and immovable property not classified as house property could be disposed of by will under common law.

True Signup and view all the answers

What are the two main types of succession laws mentioned?

Common law and customary law Signup and view all the answers

Which Act governs the distribution of a deceased person's estate?

Intestate Succession Act 81 of 1987 Signup and view all the answers

The Administration of Estates Act 66 of 1965 is not relevant to estate administration.

False Signup and view all the answers

What role does the Master of the High Court play in estate administration?

The Master of the High Court oversees the formal rules for liquidating a deceased estate. Signup and view all the answers

The __________ of surrogates refers to a law that provides support for surviving spouses.

Maintenance Signup and view all the answers

Match the following Acts with their primary focus:

Children's Act 38 of 2005 = Protection of children's rights Civil Union Act 17 of 2006 = Recognition of civil unions Recognition of Customary Marriages Act 120 of 1998 = Recognition of customary marriages Trust Property Control Act 57 of 1988 = Regulation of trusts Signup and view all the answers

Which Act relates to the control of properties in trusts?

Trust Property Control Act 57 of 1988 Signup and view all the answers

The Constitution of the Republic of South Africa is irrelevant in estate administration matters.

False Signup and view all the answers

Name one Act that addresses issues related to customary marriages.

Recognition of Customary Marriages Act 120 of 1998 Signup and view all the answers

In a polygamous Muslim marriage, what is the legal status of a widow's right to inherit?

Widows can inherit Signup and view all the answers

In a monogamous Hindu marriage, a partner is not considered a spouse if the marriage is declared invalid.

False Signup and view all the answers

What is recognized in a permanent same-sex life partnership according to Gory v Kolver?

Reciprocal duties of support Signup and view all the answers

Surviving partners in a customary polygamous marriage are recognized according to _____ v Magistrate, Khayelitsha.

Bhe Signup and view all the answers

Match the following types of marriages/partnerships with their corresponding legal recognition:

Polygamous Muslim marriage = Widow can inherit Monogamous Hindu marriage = Partner is considered a spouse Same-sex life partnership = Reciprocal duties of support Heterosexual life partnership = Partner is included with support duties Signup and view all the answers

What is the definition of 'Spouse' according to RCLSA?

Partners in a customary marriage Signup and view all the answers

Women in union with a deceased male to provide children are not regarded as descendants.

False Signup and view all the answers

What is the first group to inherit according to the parental consists overview?

Deceased and spouse including their descendants Signup and view all the answers

What does Ukuvusa allow the deceased's natural heir to do?

Marry a wife considered the deceased’s wife and have children regarded as the deceased’s children Signup and view all the answers

The Intestate Succession Act applies only to estates governed by customary law.

False Signup and view all the answers

Which of the following factors can determine the validity of a will concerning movable property in South Africa?

The law where the will was executed Signup and view all the answers

Ademption refers to the automatic validity of all legacies made by a testator.

False Signup and view all the answers

What is the definition of 'intestate'?

Dying without a will or an antenuptial contract, or with an invalid will/contract. Signup and view all the answers

The _____ Succession Act applies alongside the Intestate Succession Act for estates under customary law.

Reform of Customary Law of Signup and view all the answers

What is the term used for the acceptance of a benefit or inheritance from the estate of a testator?

adiation Signup and view all the answers

Match the following terms with their definitions:

Testate = Dying with a valid will or antenuptial contract Intestate = Dying without a will or antenuptial contract Intestate Succession Act = Governs distribution when there is no valid will Partial intestacy = When a valid will becomes partially invalid Signup and view all the answers

A bequest that does not contain any conditions is referred to as an __________.

absolute bequest Signup and view all the answers

Under which circumstances does Intestate Succession apply?

When an invalid will or contract partially or wholly invalidates an estate Signup and view all the answers

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?

Accrual Signup and view all the answers

An amanuensis is a person who can inherit from an estate.

False Signup and view all the answers

A valid will can cover the entire estate, preventing intestacy.

True Signup and view all the answers

If a listed beneficiary repudiates their benefit without a substitute provision, it may lead to _____ intestacy.

partial Signup and view all the answers

The process by which a deceased estate is liquidated and distributed is known as __________ of estates.

administration Signup and view all the answers

Match the following terms with their definitions:

Ademption = Failure of a legacy due to voluntary disposal of an asset Animus testandi = The intention of the testator to make a will Amanuensis = A person who signs a will on behalf of another Amendment = A change made to a will by the testator Signup and view all the answers

Which case extended intestate succession rights to same-sex partners in permanent life partnerships?

Gory v Kolver Signup and view all the answers

The Intestate Succession Act was found unconstitutional for excluding partners in permanent opposite-sex life partnerships.

True Signup and view all the answers

What did Wilsnach v TM consider regarding the grandmother's role?

The status of a grandmother as a primary caregiver and parental figure for intestate succession. Signup and view all the answers

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.

23 Signup and view all the answers

Which case recognized the rights of spouses in monogamous Hindu marriages under the Intestate Succession Act?

Govender v Ragavayah Signup and view all the answers

Same-sex permanent life partnerships were recognized for intestate succession rights before 27 April 1994.

False Signup and view all the answers

Match the cases with their contributions to intestate succession laws:

Govender v Ragavayah = Rights of spouses in monogamous Hindu marriages Gory v Kolver = Rights of same-sex partners Wilsnach v TM = Status of caregivers Bwanya v Master of the High Court = Constitutionality of the Act Signup and view all the answers

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 _____.

Bhe v Magistrate, Khayelitsha Signup and view all the answers

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.

Untitled Quiz

Choose a study mode

Podcast

Questions and Answers

What primary focus does customary law have in succession compared to common law?

Before 1994, common and customary systems of succession in South Africa were integrated.

What act restricted black people's ability to dispose of certain property through wills?

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:

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.

What are the two main types of succession laws mentioned?

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.

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.

Match the following Acts with their primary focus:

Which Act relates to the control of properties in trusts?

The Constitution of the Republic of South Africa is irrelevant in estate administration matters.

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 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?

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:

What is the definition of 'Spouse' according to RCLSA?

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 does Ukuvusa allow the deceased's natural heir to do?

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?

Ademption refers to the automatic validity of all legacies made by a testator.

What is the definition of 'intestate'?

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?

Match the following terms with their definitions:

A bequest that does not contain any conditions is referred to as an __________.

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?

An amanuensis is a person who can inherit from an estate.

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.

The process by which a deceased estate is liquidated and distributed is known as __________ of estates.

Match the following terms with their definitions:

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.

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.

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.

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 _____.

Study Notes

Chapter 1: General Background

Chapter 2: Introduction

Chapter 3: Wills Act

Chapter 4: Introduction

Chapter 5: Execution of a Will

Chapter 6: Introduction

Other Chapters:

Studying That Suits You

Related Documents

More Like This

Untitled Quiz

Untitled Quiz

Untitled Quiz

Untitled Quiz