Class notes

Law of succession, study guide for the April test.

13 views 0 purchase

Course
Law Of Succession (PVL2003H)

Institution
University Of Cape Town (UCT)

This is a study guide for the April test, it is incredibly comprehensive and includes everything one would need to know, including the relevant case summaries for study unit two.

[Show more]

Preview 2 out of 9 pages

View example

Uploaded on April 1, 2022
Number of pages 9
Written in 2021/2022
Type Class notes
Professor(s) Francois du toit
Contains All classes

law of succession
april test
comprehensive notes
all you need to know
case summaries included
university of cape town

Institution
University of Cape Town (UCT)
Course
Law Of Succession (PVL2003H)

vljfar001

Member since 2 year 54 documents sold

CA$6.34

Added

Add to cart

Add to wishlist

100% satisfaction guarantee
Immediately available after payment
Both online and in PDF
No strings attached

Study unit one:

What is the law of succession?

 The law of succession comprises the legal rules that regulate the devolution of assets from the
estate of a deceased estate owner to that of their successors (beneficiaries). It determines who
the successors are and the extent of their benefit. Its rules are derived from case law, statute,
and the common law.
 Succession is concerned only with the deceased assets and not their liabilities, and these assets
can only be divulged upon the death of the deceased.
 The two types of law of succession is common law of succession and customary law of
succession.

Branches of common law of succession:

1. Law of intestate succession. Applies in the absence of a will.

2. Law of testate succession. Applies when the deceased has made a will.

3. Succession by contract. This is where the deceased has entered into contract to divulge
their assets at their death, it is generally invalid except
where:
a) Antenuptial contract
b) Donatio mortis causa (donation of assets upon death)

The administration of the deceased estates:

 Upon a deceased’s death, their estate is subjected to administration or winding up, as is
regulated by the administration of estates Act 66 of 1965.
 The two important functionaries are the master of the HC and the executor.
- The master of the hc supervises administrative processors and actions of the executor and
advises thereon.
- The executor actively administers the estate, they are either appointed by the master of the
HC (executor dative) or nominated by the deceased in a will (executor testamentary), in
which case the master of the hc will have to issue a letters of executorship before the
executor may commence the administering of the assets.
- The executor must:
1. Complete relevant estate documents (death notice, inventory of assets)
2. Submit all documents to Master (including original will)
3. Advertise to creditors so that they may submit their claims.
4. Pay all the claims against the estate, utilizing cash or selling assets where necessary.
5. Distribute remaining assets to successors.
6. The above must all be reflected in the liquidation and distribution account of the deceased
(l&d account) which must lie open in the masters and magistrate’s office for 21 days. If this is
not objected to, the executor may finalise the administration of the estate.
Key words:
 A legatee is the recipient of a legacy (particular asset, particular group of assets, or particular
sum of money) in terms of a will and applies only to testate succession.

,  A heir is the person in testate succession that receives the remainder of the estate once all the
legacies have been distributed. The heir in intestate succession is equivalent to a successor.
 Inheritance refers to the benefit that goes to an heir or successor.
 Freedom of testation grants a testator the right to divulge their assets to whomever they please
and under whatever terms and conditions they may so desire. This, however, remains subject to
certain limitations.

Why is succession not a mode of acquisition of ownership?
 Greenberg v Estate Greenberg 1955 (3) SA 361 (A):
Upon the death of the testator, the successor acquires a vested/personal right [Dias Cedit] to a
claim for the property that can be enforced after the confirmation and distribution of the l&d
account (Dias Venit].
Requirements for succession to occur:
1. The estate owner must have dies (or a court order issuing the presumption of death.
2. The successor must be alive at the moment of dias cedit or be conceived at such time and
later born alive (nasciturus fiction).
3. The successor must survive (outlive) the estate owner.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller vljfar001. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for CA$6.34. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

80467 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling

Class notes

Law of succession, study guide for the April test.

Document information

Subjects

Written for

Seller

Reviews received

Content preview