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eBook Law of Succession 3rd
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,PVL2602 – EXAMINATION PREPARATION
DEFINITIONS:
Competent witness:
With regard to a will, any person over the age of 14 years who is competent to give
evidence in a court of law.
Animus testandi:
The intention of the testator to make a will.
Amanuensis:
Someone who signs a will on behalf of a testator.
Testamentary writing:
A document that defines any one of the three essential elements of a bequest:
1. The property bequeathed.
2. The extent of the interest bequeathed; or
3. The beneficiary
Heir:
A beneficiary who inherits a testator’s entire estate, a portion thereof or the
residue thereof.
The bequest is known as an inheritance.
Dies cedit:
The day will come.
The time when a beneficiary obtains a vested right to claim delivery of
bequeathed property unconditionally (whether or not the exercise of this right is
delayed until some future date which is certain to arrive).
Dies venit
The day has come.
1
, The time at which a beneficiary’s right to claim delivery of bequeathed property
becomes enforceable or the day when delivery of the property has to take place.
Legatee:
A person who inherits a specific asset or a specific amount of money from the
testator.
The bequest is known as a legacy.
Fideicommissum:
Occurs where a testator directs that a series of beneficiaries are to own his or her
whole estate or part of it, or specific assets one after the other.
The first heir is known as the fiduciary and the succeeding beneficiary as the
fideicommissary.
Fideicommissum residui:
Where property is left to a fiduciary subject to the condition that as much of it as may be
left at the time of his or her death is to devolve on another person (the fideicommissary).
Fideicommissum created impliedy (or tacit):
Arises when, after considering the will as a whole (and in spite of the general
presumption against fideicommissa), it is clear from the language used that the testator
wishes to burden the disposition with a fideicommissum although the testator has not
expressly done so.
Fideicommissary substitution or fideicommissum:
Occurs where a testator directs that a series of beneficiaries are to own his or her
whole estate or part of it, or specific assets one after the other.
The first heir is known as the fiduciary and the succeeding beneficiary as the
fideicommissary.
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