Law of succession notes. Law of Succession guide and notes 2019-01-22

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Law of Succession guide and notes

law of succession notes

However, if he accepts the benefit, he incurs any liability which may be involved in it. This racial disparity in the treatment of spouses and children disappeared when the Constitutional Court, in , extended the provisions of the Intestate Succession Act retrospectively, as from April 27, 1994, to all intestate heirs, irrespective of race. The child's right to claim for maintenance and education has preference over all heirs and legatees, and therefore must be determined first. All other blood relatives were excluded completely and inherited nothing from the deceased ab intestato. If the testator intends to revoke his or her will but does not carry out one of the recognised acts of revocation, a court can make an order in terms of section 2A revoking the will for the testator if there is proof of the testator's revocatory intention, provided that the requirements of section 2A are satisfied. The effect of estate massing is that the surviving testator's estate dissolves according to the will of the first-dying whilst he or she is still alive. The commissioner of oaths may not act in a dual capacity as witness, for witnesses are required to attest and sign the will in the presence of the commissioner.

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Law of Succession Lecture Notes

law of succession notes

Since the nearest blood relative is the one who inherits, B will inherit everything from E. Unsourced material may be challenged and removed. Where the deceased is survived by more than one spouse, a child's share in relation to the intestate estate of the deceased is calculated by dividing the monetary value of the estate by a number equal to the number of children of the deceased who have either survived or predeceased the deceased, but who are survived by their descendants, plus the number of spouses who have survived the deceased. An estate in land is some package of rights over land, and responsibilities accompanying those rights. In this case, the descendants of the heir may represent the heir to inherit. A valid will loses all legal force and effect—that is, its validity—if it is revoked by the testator before his death. The Master may also refuse to sustain an objection.

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Juta

law of succession notes

As far as children were concerned, the parallel system of African customary law of succession perpetuated discrimination against adopted, extra marital and even female children. Technically, we own what lawyers call an estate in land. The election is generally effected by the survivor in his or her capacity as executor for the survivor is usually appointed executor testamentary in framing the liquidation and distribution account. This provision is interpreted to mean that the witnesses must sign the last page of the will and not every page of the will. Thus, for example, if there are no full brothers or sisters, but merely a half-brother of the deceased on his mother's side, the half-brother will take the whole estate to the exclusion of more remote relatives such as grandparents, uncles or aunts. Y, Q, A and B will receive R37,500 each through F's line, as they are all descendants of F R150 000 divided by four. There is also a distinction between suspensive and resolutive time clauses with regard to their influence on dies cedit and dies venit.


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Kenya Legal Resources: HISTORY OF THE LAW OF SUCCESSION IN KENYA

law of succession notes

The exemption of the pastoral communities have paved way for the application of the African customary law to the estate of deceased members of such pastoral communities. In terms of this ordinance the surviving spouse of the deceased qualified to inherit ab intestato from the deceased. Suspensive condition — the beneficiary does not get a vested finally established right to the benefit bequest unless and until a particular uncertain future event takes place. A child's share is thus R100,000. In terms of er komt niets van een die leeft the surviving grand-parent would inherit nothing.

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Kenya Legal Resources: HISTORY OF THE LAW OF SUCCESSION IN KENYA

law of succession notes

A person is guilty of a crime, therefore, who steals, wilfully destroys, conceals, falsifies or damages a will, and may not inherit in terms of that will. In order that the ius accrescendi should operate where the beneficiaries are appointed verbis tantum, it must appear from the will that the testator positively contemplated the lapse of a specific share, and that the testator intended that such share should in that event accrue to the other beneficiaries. There are three children; therefore, one should divide the entire estate by four three children plus one to calculate a child's share. The Wills Act provides that if any descendant of a testator, excluding a minor or mentally ill descendant, who together with the surviving spouse of the testator, is entitled a benefit in terms of the will, renounces his or her right to receive such a benefit, such benefit shall vest in the surviving spouse. Another custom, ukuvusa, allows for the natural heir of the deceased for example, his brother to take the deceased's property and then to take a wife who will be regarded as the deceased's wife and whose children will be known as the deceased's children. Incompetence would result from the will's being executed by a person who suffers from a mental illness or is under the influence of alcohol or drugs both legal and illegal at the time of execution, if that person is incapable of understanding the nature and effect of what he is doing.

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Wills and Succession Notes

law of succession notes

Under a system of customary law, people have freedom of testation just like anyone else and also need to comply with the requirements of testamentary capacity. These enjoy equal status and are subject to the and other legislation. Simply Google for a more specific set of notes. The following discussion shouldbe studied in detail. The question for decision was whether clause b quoted above constituted a direct orfideicommissary substitution. A sister, therefore, is a full-blood collateral—she has both parents in common with her sibling—but a half-sister is only a half-blood collateral, since she has only one parent in common.

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Law of Succession guide and notes

law of succession notes

Unsourced material may be challenged and removed. Thereafter the remainder of the estate will devolve in terms of the rules of intestate succession. Statutory provision has been made for the protection of trust property which is settled upon a person either inter vivos or by will, to be administered by him or her for the benefit of other persons. The advertisement must state the dates on which the account will lie for inspection, and the places at which it can be inspected. To come up with a uniform law on marriage replacing the marriage statutes and also incorporating the principles of African Customary Law into the statute. There was never before the case under discussion necessary for the court to decide the point but now it has beenput beyond any doubt.

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Kenya Legal Resources: HISTORY OF THE LAW OF SUCCESSION IN KENYA

law of succession notes

A prelegacy is a legacy which is left to an heir in priority to the other heirs, and in addition to any other share of the inheritance which the heir may be entitled to receive. If t leaves a benefit to A and provides that the property must go to B if A should die without children si sine liberisdecesserit there is no problem if A should die without children. Consequently this case will probably not go on appeal. Donations which are to take effect upon the death of the donor partake of the nature of testamentary provisions, and shall be governed by the rules established in the Title on Succession. A will destroyed by the testator — rebuttable presumption the he or she intended to revoke will. The matter shall be placed before the Magistrate and Advisory Council, who may give such directions in regard to the disposal of the assets as may seem to them proper. Find sources: — · · · · January 2015 The transfer of rights and occasionally also responsibilities is a prerequisite for succession.


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Juta

law of succession notes

Where the property specified belongs jointly to the testator and to a third person it is clear that the testator cannot override the rights of the co-owner; the testator's will cannot do more than he or she personally could do and the legacy is not binding on the co-owner. When drafting a will, it is commonpractice to insert an attestation clause, in which it is expressly stated that the will was signed by thetestator in the presence of the witnesses and that the witnesses signed in the presence of one anotherand the testator. Si sine decesserit clause — if someone dies without children — if a testator bequeaths his or her property to anestate of another, stipulating that if the beneficiary dies after the t leaving no children si sine decesserit , theproperty or estate must pass to a third party. Usually, the specified reason is the institute predeceasing the testator. The Intestate Succession Act applies, except as explained below, in all cases where a person dies wholly or partially intestate after March 18, 1988. The family property belonged to the whole family and the head of the family controlled it on behalf of the family.

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Summary: Law of Succession notes

law of succession notes

On the other hand, money spent on the maintenance of the descendant need not be collated; nor need money spent on his education, nor a simple and unconditional gift—provided that such expenditure is not substantial in relation to the deceased's means and disproportionate to what other descendants have received. The general rule today is that if the sequence in which people died cannot be proved on a balance of probabilities,there is no presumption of either survival or simultaneous death. The modus has to be distinguished from a condition. Collation is based on a presumption that parents wish to treat their children on an equal basis as far as succession is concerned. If the estate is worth less than R125,000, the spouse will inherit everything.

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