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- University Of South Africa (Unisa)
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,Contents in briefCHAPTER 1 INTRODUCTION
CHAPTER 2 INTESTATE SUCCESSION
CHAPTER 3 TESTATE SUCCESSION: GENERAL RULES
CHAPTER 4 TESTAMENTARY CAPACITY
CHAPTER 5 FORMALITIES FOR A WILL
CHAPTER 6 REVOCATION AND REVIVAL OF WILLS
CHAPTER 7 CAPACITY TO INHERIT
CHAPTER 8 FREEDOM OF TESTATION
CHAPTER 9 CONTENT OF WILLS: ABSOLUTE BEQUESTS, CONDITIONS, TH
AND ESTATE MASSING
CHAPTER 10 CONTENT OF WILLS: SUBSTITUTION, USUFRUCT AND ACCRU
CHAPTER 11 CONTENT OF WILLS: TRUSTS
CHAPTER 12 COLLATION
CHAPTER 13 INTERPRETATION OF WILLS
CHAPTER 14 SUCCESSION BY CONTRACT (PACTUM SUCCESSORIUM)
CHAPTER 15 CUSTOMARY LAW AND THE REFORM OF CUSTOMARY LAW OF
SUCCESSION ACT
CHAPTER 16 ADMINISTRATION OF ESTATES
, Contents
List of authors
Preface
Acknowledgements
About the book
Basic skills and problem-solving techniques in the law of succession
CHAPTER 1 INTRODUCTION (CHRISTA RAUTENBACH)
1.1 General background to the law of succession
1.2 Law of succession in the legal system
1.3 Dual character of the law of succession
1.4 Choice of law rules
1.4.1 The problem of conflicting rights and obligations
1.4.2 Testate law of succession
1.4.3 Intestate law of succession
1.4.4 Administration of estates
1.5 Succession terminology
1.6 Ground rules of succession
1.6.1 Person must have died
1.6.2 Transfer of rights and/or duties with regard to assets and/or the status
deceased
1.6.3 Beneficiary should at the time of dies cedit be alive or have been conce
1.6.4 Beneficiary must be competent to inherit
CHAPTER 2 INTESTATE SUCCESSION (MOHAMED PALEKER)
2.1 Introduction
2.2 Basic concepts
2.3 When does a person die intestate?
2.4 Vesting of an intestate inheritance
, 2.5.6 Unborn children
2.6 Constitutional challenges
2.6.1 Bhe v Magistrate, Khayelitsha; Shibi v Sithole; South African Human
Commission v President of the Republic of South Africa (hereafter B
Magistrate, Khayelitsha)
2.6.2 Daniels v Campbell, Hassam v Jacobs and Govender v Ragavayah
2.6.3 Gory v Kolver
2.7 Applicable intestate succession laws
2.8 The order of succession under the Intestate Succession Act read with
RCLSA
2.8.1 Rule 1 (S 1(1)(a)): deceased is survived by spouse(s), but by no des
2.8.2 Rule 2 (S 1(1)(b)): deceased is not survived by a spouse, but is survi
descendants
2.8.3 Rule 3 (S 1(1)(c)): deceased is survived by spouse(s) and descendan
Scenario 1 Where the deceased is survived by one spouse
Scenario 2 Where the deceased is survived by more than one spouse
2.8.4 Rule 4 (S 1(1)(d)(i)): deceased is not survived by spouse or descend
by both parents
2.8.5 Rule 5 (S 1(1)(d)(ii)): deceased is survived by one parent and the
descendants of the other parent
2.8.6 Rule 6 (S 1(1)(e)(i)(aa)–(cc)): deceased is not survived by spouse,
descendants or parents, but by descendants of his or her parents
2.8.7 Rule 7 (S 1(1)(e)(ii)): deceased is survived by descendants of one pa
2.8.8 Rule 8 (S 1(1)(f)): the deceased is survived by further relations
2.9 Disqualification and repudiation
2.10 Customary law of succession
CHAPTER 3 TESTATE SUCCESSION: GENERAL RULES (JUANITA JAMNECK)
3.1 Introduction
3.2 Wills, codicils and testamentary writings
3.2.1 Definition of a will
3.2.2 Basic requirements for a valid will
3.2.2.1 Animus testandi
3.2.2.2 Volition (or choice)
3.2.3 Definition of a codicil and a testamentary writing
3.3 Joint and mutual wills
3.4 Adiation and repudiation
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