Class notes

PVL2003H: LAW OF SUCCESSION NOTES FOR UNIT 1-3B

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Course
PVL2003 - Law Of Succession (PVL2003H)

Institution
University Of Cape Town (UCT)

14 PAGES SUMMARISING 54 PAGES WORTH OF NOTES. These notes are colourised, organised and easy to study from. They include units 1-3B. Including: laws mentioned in the notes, all Latin terminology in one list, all definitions in one list, outcomes for all cases, the content covered as well as the ru...

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Uploaded on April 4, 2022
Number of pages 14
Written in 2021/2022
Type Class notes
Professor(s) Francois du toit
Contains All classes

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LAW OF SUCCESSION
STUDY UNITS 1-3B

DISTRIBUTION OF THIS DOCUMENT IS ILLEGAL

**These are key points taken from Word documents. SOME parts are directly quoted, others have been simplified by me. I do not take
credit for any knowledge expressed in this document, only the summary of notes and easy access to key points that I found important**

Du Toit, Francois. (2022). Law of Succession Study Unit 1-3. Unpublished manuscript, PVL2003H, University of Cape Town, South Africa.

Laws

- Intestate Succession Act 81 of 1987 (ISA)
the deceased’s surviving spouse is one of the deceased’s primary
intestate heirs
- S 9 of the Bill of Rights
everyone is equal before the law
the state may not discriminate against anyone based on: race, gender,
sex, ethnic or social origin, colour, religion and birth, etc
- Marriage Act 25 of 1961
According to the MA, the traditional meaning of spouse as used in the
ISA and Maintenance of Surviving Spouses Actin the past: the person

, to whom the deceased was married at the time of his/her death in a
valid, monogamous civil marriage
- Civil Union Act 17 of 2006
- S 13: regulates the legal consequences of a civil union
- S 13(1): the legal consequences of a marriage as contemplated in
the Marriage Act apply to a civil union
- S 13(2): with the exception of the Marriage Act and the
Recognition of Customary Marriages Act 120 of 1998, any
reference to ‘marriage’ in any other law a civil union and
‘husband,’ ‘wife’ or ‘spouse’
- Implication: ‘spouse’ for purposes of the Intestate Succession Act
includes a civil union partner

Latin Terminology
- donatio mortis causa
a contract of donation made in contemplation of the death of the
donor
- moment of dies cedit
the moment that the personal right to claim the property is acquired
by whoever the property is left to
- dies venit
the moment where a beneficiary's vested right against a deceased's
estate becomes enforceable
- Nasciturus fiction
a child that was born alive and conceived prior to the testator's death
is considered to have obtained rights from the moment it was
conceived.
- Commorientes
- people who died simultaneously
- voluntas testatoris servanda est
the wishes of the testator must be implemented
- contra bonos mores
contrary to public policy
- fideicommissum

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PVL2003H: LAW OF SUCCESSION NOTES FOR UNIT 1-3B

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