Law Of Succession

Front 1

What happens to the assets that have been omitted from a will, or where the will is invalid regarding those assets?

Back 1

Those assets will be distributed according to the Intestate Succession Act.

Front 2

How is the Intestate succession Act applied to the estate of a spouse married in COP?

Back 2

The Joint Estate must first be divided between the spouses according to COP, then the Intestate Succession laws are applied to the share of the deceased spouse only.

Hint 2

What is the order of division?

Front 3

Under Customary law, it is possible for spouses to enter into a union with another woman for the purposes of bearing children. How will said woman be treated for the purposes of Intestate Succession?

Back 3

She will be a DESCENDANT to both the man, and the woman with whom she entered into a union.

Hint 3

Section 2 of the Reform of Customary law of Succession and Regulation of Retlated Matters Act

Front 4

What does accrual refer to in the context of succession?

Back 4

The right of an heir or legatee to inherit the bequeathed benefit which a co-heir or co-legatee fails to inherit because he has pre-deceased the testator, renounced his right or is incompetent to inherit.

Front 5

Spouse, no descendants

Back 5

Spouse inherits entire estate

Front 6

Descendants, no Spouse

Back 6

Descendants inherit everything per stirpes.

Front 7

Spouse and descendants

Back 7

Spouse inherits the greater of a child's share, or R250,000

Front 8

No spouse or descendants, but both parents

Back 8

each parent inherits one half of the intestate estate.

Front 9

No spouse or descendants, but one parent, and descendants of predeceased parent.

Back 9

One half of estate to surviving parent, one half to descendants of predeceased parent per stirpes

Front 10

Only descendants of deceased parents. (No spouse, descendants or parents)

Back 10

one half to descendants of mother, one half to descendants of father

Front 11

What distinction is made between blood-related children, and adopted or illegitimate children?

Back 11

Nothing. They have equal standing

Front 12

What happens when a descendant renounces their inheritance?

Back 12

The benefit goes to the surviving spouse.

Front 13

In terms of customary law, how is a woman, other than a spouse with who the deceased entered to a union with the purpose of providing children for his spouse's house dealt with?

Back 13

She will be a descendant of either spouse.

Front 14

Under which circumstances can a defective will be declared valid?

Back 14

- If the court is satisfied that a document drafted or executed (signed) by someone who has since been deceased was intended to be the last will and testament; and,

- if a person caused another document to be drafted intended to revoke his will or part thereof.

Front 15

What is a dies?

Back 15

A Time Clause

Hint 15

Latin for "Days"

Can be either suspensive or resolutive

Front 16

What does ius accrescendi refer to?

Back 16

Accrual (in the context of succession)

Hint 16

Latin for "Right of survivorship"

Front 17

What are the different types of accrual in the context of succession?

Back 17

re tantum

verbis et tantum

re et verbis

Hint 17

Joinders

(there are 3)

Front 18

When is a joinder 're tantum'?

Back 18

When the "asset thing" has been left to different heirs or legatees through the thing alone.

Hint 18

Latin for "Only thing"

"I bequeath my 2012 BMW to John"

Another clause:

"I bequeath my 2012 BMW to Peter."

Front 19

What is a joinder 'verbis et tantum?'

Back 19

It is when the same asset is bequeathed to different beneficiaries in the same sentence or clause.

Hint 19

Latin for "Words Only"

"I bequeath my farm to William and Henry"

Front 20

What is a joinder re et verbis?

Back 20

This is when the same asset is bequeathed to different heirs or legatees in the same sentence or clause, but in different proportions.

Hint 20

Latin for "in fact and in words"

Front 21

What is collation?

Back 21

The principle in terms of which the executor ofa deceased estate must take certain benefits given to particular heirs duringthe lifetime of the deceased into account in the distribution of the estateamong descendants the deceased and also the surviving spouse (COP only).

Front 22

What is a bequest modus?

Back 22

A bequest that is unconditional, but the heir should use the bequest or its value for a specific purpose.

Front 23

What is a suspensive condition?

Back 23

When the vesting is suspended until an uncertain future event occurs.

Hint 23

I bequeath my farm to my son, Ray, on condition that he obtains a degree in Medicine

Front 24

What is a resolutive condition?

Back 24

When the vesting takes place upon the death of the testator, but falls away at the occurrence of an uncertain future event.

Hint 24

I bequeath my farm to my Spouse, but if she should get married again after my death, the farm will go to my son, Dirk.

Front 25

What is a nudum praeceptum?

Back 25

It is a condition lacking any non-imperative or alternative provision.

Hint 25

Latin for "Naked Command"

I leave my holiday house to my wife on the condition that she does not remarry.

Front 26

What is a resolutive dies?

Back 26

It has the effect that rights which have already required will disappear.

Hint 26

Bequeath farm to son, but when daughter turns 30, it goes to her.

Front 27

What are debentures?

Back 27

A debenture is a type of debt instrument that is not secured by physical assets or collateral. Debentures are backed only by the general creditworthiness and reputation of the issuer. Read more: Debenture http://www.investopedia.com/terms/d/debenture.asp#ixzz4MwoZdiFG Follow us: Investopedia on Facebook

Front 28

What is a USUFRUCT?

Back 28

It is the right to use someone else's property.