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Law of Succession

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Decks in this class (16)

Learning Unit 1 - Introduction
This learning unit gives you a general introduction to the law of succession in South Africa as it deals with the nature, scope and application of the law of succession. The law of succession prescribes the legal rules that determine what should happen to a person’s estate after his or her death. Succession may take place according to a will (testate succession), according the operation of the law of intestate succession, or in terms of a contract (pactum successorium).
108  cards
Chapter 2 - Intestate Succession
The purpose of this learning unit is to enable you to:  distinguish between testate and intestate succession  defi ne the law of intestate succession  discuss when vesting of an intestate inheritance takes place  explain various persons’ capacity to inherit intestate  discuss a number of Constitutional challenges to the intestate succession rules  answer problem type questions on the law of intestate succession
15  cards
Chapter 3 - Testate Succession: General Rules
The purpose of this learning unit is to enable you to:  defi ne the concepts “will”, “codicil” and “testamentary writing”  explain the diff erence between joint and mutual wills  diff erentiate between adiation and repudiation  explain when and how the doctrine of election is applicable
12  cards
Chapter 4 - Testamentary Capacity
The purpose of this learning unit is to enable you to:  distinguish between testamentary capacity and contractual capacity  defi ne testamentary capacity as defi ned in the Wills Act  distinguish between testamentary capacity, freedom of testation, volition and animus testandi  identify whether a testator had testamentary capacity when he or she executed a will
3  cards
Chapter 5 - Formalities of a will
Execution of a will,
Formalities of a will i terms of ...,
The testator signs with their own...
9  cards
Chapter 6 - Revocation and revival of wills
Revocation,
Partial revocation,
Methos of revoking a will
7  cards
Chapter 7 - Capacity to Inherit
Who is capable of inheriting,
Tutor,
Persons disqualified from inheriting
5  cards
Chapter 8 - Freedom of testation
Freedom of testation,
2  cards
Chapter 9 - Content of wills: Absolute bequests, conditions, modus and estate massing
Precedent system,
Vesting of rights,
Absolute bequest
17  cards
Chapter 10 - Content of wills: Substitution, usufruct and accrual
Substitution,
Direct substitution,
Fedeicommissum fiduciary and fede...
6  cards
Chapter 11 - Content of wills : trusts
Summary of the definition of a te...,
Trustee,
Fiduciary in a fideicommissum
10  cards
Chapter 12 - Collation
Collation,
Collatable benefits,
Non collatable benefits
3  cards
Chapter 13 - Interpretation of wills
The golden rule of interpretation,
Armchair evidence,
Extrinsic evidence
3  cards
Chapter 14 - Pactum successorium
Pactum successirium,
Donatio mortis causa
2  cards
Chapter 15 - Customary law and the RCLSA
Family property or general property,
House property,
Personal property
3  cards
Administration of estates
Administration of estates,
Deceased estate,
Residue or residuary estate
4  cards

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Law of Succession

  • Class purpose General learning

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