Class notes
Joint and Mutual wills - adiation and repudiation - election and massing of estate.
Comprehensive notes on the law of succession - everything you need to prepare and pass your exam.
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
Seller
Follow
Content preview
TOPIC 8: JOINT AND MUTUAL WILLS; ADIATION AND REPUDIATION; ELECTION; THEMASSING OF ESTATES
8.1 JOINT AND MUTUAL WILLS
A joint will is a single document that contains the testamentary
dispositions of more than one testator
- You will typically find joint wills used by spouses – it is a
single document, but it contains the wills of both people.
- Joint wills are available to any two or more testators, not only
limited to spouses/life partners.
The advantage of a joint will is that it is executed only once,
irrespective of the number of testators involved
- You have a single document that contains the testamentary
dispositions of two+ testators, but the document itself is only
executed once – in other words, there is compliance with the
prescribed formalities of the Wills Act only once.
- Each testator signs the joint will and you only require one set
of witnesses.
This means that a single set of witnesses can sign a joint will rather
than one set of witnesses for every testator
- You don’t require as many witnesses as there are wills of
testators.
- You don’t have to replicate the sets of witnesses to
correspond with the number of testators involved.
A typical example of a joint will is where A (husband) and B (wife),
married in community of property, make a will in which they
declare: ‘C is our sole heir’
- They are married in community of property – there will be a
joint estate and therefore, each of the two spouses owns an
undivided half share in that joint estate.
1
, - Golden rule in terms of wills: joint and mutual wills – an
individual testator can dispose only of his own assets in that
joint will.
- Based on the example, where spouses are married in
community of property, and each own a half share of the joint
estate – each spouse can only dispose of his own half share in
the joint estate.
Upon A’s death, his half share of the spouses’ joint estate will
devolve onto C and, similarly, upon B’s death, her half share will go
to C
- Instead of making two separate wills in which each of them
separately left his half share to C – they combined their
testamentary dispositions into a single document and that
document = a joint will.
A and B could have made two separate wills in which each disposed
of his/her half share in the joint estate, but they chose to combine
their dispositions in one document – that document is called a joint
will
Importantly, A and B each retains full freedom of testation prior to
death and each can amend or revoke his/her portion of the joint
will during his/her lifetime, even without informing the other
testator
- Each of these testators retains their freedom of testation in
respect of his dispositions contained in the disposition.
- In other words, based on the example, both A and B at any
time prior to their death can make another (new) will in
which he disposes differently of his half share – different
from what the joint will says.
- You are not bound by the joint will simply because you made
a will (one document) along with other testators – freedom of
testation is retained and if one or more of the testator’s to a
2
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 EFT, 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 this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller simonetkapp. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R50,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
67866 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now