- 15 pages summarising 38 pages of notes.
- all cases included (prescribed and non prescribed).
- colour coded for easy learning (blue for cases, yellow for headings etc.).
- concise and easy format.
- all latin terminology grouped for convenience.
-simplified explanations and definitions.
...
**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 6-8. Unpublished manuscript, PVL2003H, University of Cape Town, South Africa.
Terminology
(Study Units 6-8)
- animus revocandi: intention to revoke will
- ademptio: ademption. The bequest of an asset m is revoked due to
the asset being sold, destroyed or given away by the deceased before
they die
- testamenti factio passiva: capacity to inherit
- nasciturus fiction: 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
- Amanuensis: a person who signs a will on the testator’s behalf
- conjunctissimae personae: the deceased’s parents, spouse(s) and
child(ren)
- de bloedige hand neemt geen erfenis: the person with blood on
his/her hands cannot inherit
Study Unit 6
- S 2(1)(a) and s 2(1)(b) of the Wills Act 7 of 1953
- non-compliance with the execution formalities = will invalid
- non-compliance with amendment formalities = amendment
invalid
- results in the disregard of testators’ wishes
, - S 2(3) provides for the rescue of a will (or amendment) in order to
preserve a testator’s wishes
- Occurs even though non-compliance occurred with one or more of
the formalities
Treatment of wills after testator’s death
- Will must be given to the relevant Master of the High Court
(Administration of Estates Act 66 of 1965)
- The Master will check that it complies with all the execution
formalities of s 2(1)(a) and/or s 2(1)(b) of the Wills Act
- if all is in order, the Master will accept the will for the
administration of the deceased’s estate (in terms of the
Administration of Estates Act)
- if the Master is not satisfied, he will reject the will or an
amendment
- If someone wishes to challenge the Master’s decision to reject
the will, that person will have to bring an application to the High
Court
- If the court agrees with the Master, it will declare the will or
amendment invalid
- S 2(3) of the Wills Act now empowers the High Court to issue an
order to the Master not to reject a will (or amendment), but
instead to accept that will to administer the deceased’s estate
S2(3) Requirements
- 1. there must be a document before the court
- must be a written document of the paper variety
- does not need to look like a will (can be a note, letter etc.)
- must contain the testator’s wishes (in some form of writing or
typed out)
- spoken word, a CD or DVD cannot be condoned
Macdonald v The Master 2002
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 R100,00. You're not tied to anything after your purchase.
