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...
**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 Unpublished manuscript, PVL2003H, University of Cape Town, South Africa.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
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 LawGuru. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R150,00. You're not tied to anything after your purchase.
