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22 Cards in this Set
- Front
- Back
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Conditional Revocation: Details and cases |
Animus revocandi conditional on possible future event (Olivier v Master) (De Reszke v Maras) |
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Supposed revocation: 3 circumstamces |
Will is revoked based on an assumption only if correct - Testator believes earlier will revived (Le Roux) - Testator destroys will, believing it to already be revoked (Davis v Steel) - Testator destroys will with intention of executing a new one, but doesn't |
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Supposed revocation cases: |
Le Roux (Married man tricked wife into divorce - remorseful - tried to revive 1st through destroying 2nd - 2nd not revoked - flawed presumption) Davis v Steel (Man thought 2nd will revoked 1st - tore 1st up - 2nd was invalid - revocation of 1st was invalid) |
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Doctrine of Dependant Relative revocation |
If you did not intend to revoke, no revocation (Raabe v Master - it is unnecessary, must merely look for Animus Revocandi) |
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Capacity to inherit: 2 Basic principles and exceptions (With cases) |
Everyone alive at delatio can inherit. Capacity to inherit must exist at delatio & acceptance. Exceptions: - The Unborn (Nascituris & Wills act) - Extra-Marital children (No more) - Adopted Children (No more) - Class Bequests (Els v Els) (Class closes at delatio) |
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Unworthy Persons: About common law |
Common law listed specific grounds Pillay v Nagan Courts not limited to Common law grounds - Public policy considered Danielz Confirmed Pillay |
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Bloody hand rule |
Unworthy if unlawfully and intentionally cause death of deceased or conjunctissimus (Their parent, spouse or children) Need elements of crime Gafin v Kavin (Mentally ill man killed family - Not accountable - could inherit) Steenkamp (Killed wife's parents - went to his daughter - she died - he inherited from her - grandparents not conjunctissimus) Casey v Master (Husband negligently killed wife - didn't inherit from will - still inherited from matrimonial property) |
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Hide or Destroy will (case) |
Yassen The common law ground still applies |
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Forging a Will (case) |
Pillay v Nagan (Grounds can be extended by courts) Not a common law ground Is a public policy ground |
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Other conduct towards the deceased which creates unworthiness (cases) |
Taylor v Pim Encourage bad lifestyle = unworthy Mabika Mistreatment = unworthy Steenkamp No enrichment through crime (In this case there was no causation between crime and enrichment) |
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Unworthiness of people part of the execution process (Act) |
Sec 4A of Wills Act (1)Person who signs as witness (etc) and their spouse are disqualified from benefitting from the will Except: (2) (a) Court orders that they did not defraud or unduly influence (b) If they would have inherited intestate provided that the benefit is not greater than the intestate share (c) if there were at least 2 other witnesses who will not benefit |
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Unworthiness through being part of the execution process (cases) |
Theron Son allowed to inherit although witness (sec 4A 2(a)) Blom v Brown (Wife allowed to inherit although she handwrote (sec 4A 2(a)) Giles (Master replaced executor, as executor signed will) |
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Beneficiaries: heirs and legatees |
Heirs: inherit a non-specified amount Legatee: inherit specific amount or thing (Legatees always inherit benefits before heirs) |
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Conditional provisions: Most important 2 |
Suspensive conditions: Vesting of rights is suspended until condition is fulfilled (No claim until condition met) Resolutive conditions: Bequest is terminated if condition is fulfilled - Testator must appoint an alternative beneficiary for if the condition is fulfilled (If none, the condition is a nudum praeceptum & has no effect) |
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Will conditions are invalid if... |
- Impossible - Unlawful - Vague - Against Public Policy (contra bones mores) |
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Conditions against public policy: when invalid and when valid |
Invalid if: - aimed at breaking up a marriage (Oosthuizen - daughter gets nothing unless divorces) - General restraint on Marriage (De Weyer - only inherits if remains unmarried) Valid: - Partial restraint on Marriage (Aronson v Hart - "get nothing if marry a non-Jew") - Termination of Benefit (Watling - wife inherits from trust unless she remarries) (REM v VM - restriction sought to preserve marriage) |
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Constitutional out-and-out disinheritance (reasons to allow and cases) |
Reasons to allow: - Freedom of testation - Nobody has right to inherit - Practical Difficulties (Harper v Crawford) (King v De Jager) |
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Constitutional validity: Conditions attached to a bequest (describe and cases) |
People can attack the validity of unconstitutional conditions. (Syfrets - trust - only whites - no women or jews - unfair discrimination=against public policy) (BOE - trust - only white - study abroad but mist come back - court said valid reason (stop the brain drain) = not unfair - but money went to charity - alternative provided) (Emma Smith - European girls in Durban - girls and Durban fine - previously disadvantaged) (Heydenrych - European, protestant boys - protestant allowed) |
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Vague conditions |
Regarded as pro non scripto (as if never written) (Ex parte Dessels) |
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4 categories of dies |
Dies Certus - Date Dies Incertus - Death Suspensive dies - vesting at death - enforceable only when event occurs Resolutive dies - Already acquired right certain to dissapear in future |
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Modus (description and cases) |
Bequest burdened by duty to perform. Corbett: Modus does not postpone (Van Blommenstein - upon vesting, beneficiary recieves asset & obligation) (Wessels - "subject to the condition" = a modus) (Webb v Davis - prefer modus) |
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Enforcement of a modus |
Toward Third party - Personal right Impersonal - moral obligation |
