Definition
Define Testate Law of Succession (successio ex testamento)
Those legal rules or norms that regulate the devolution of a deceased person's estate on one or more persons according to the testators wishes as expressed in a will
Explain South Africa's Dual Character ito Law of Succession
South Africa's colonial past = Roman-Dutch Law and English common law have had a considerable impact on development of SA law of succession.
These days: Cust. law given equal recognition.
Therefore, both common law and cust. law make up SA law of succession
Which Act deals with Intestate Succession
Intestate Succession Act 81 of 1987
Name the sources of South African Customary Law
Roman-Dutch Law (with English Law influences)
Indigenous Laws jointly known as Customary Law
Define freedom of testation
The freedom of a person to dispose of his or her estate as he/ she pleases.
Explain what is meant by "choice of law rules"
Because of the dual nature of SA's law of Succession, situations can occur where people are subject to overlapping/conflicting rights and obligations. Courts must apply choice of law rules to see which law is applicable.
Which Act currently deals with the Administration of Estates (after 2004)
Administration of Estates Act 66 of 1965
Which entity now oversees all administered estates.
Master of the High Court
Define dies cedit
The day will come. The time when a beneficiary obtains a vested right to claim delivery of bequeathed property becomes enforceable or the day when delivery of the property has to take place.
What is a deceased estate
Assets and liabilities of a deceased person at time of his/her death. (i.e. property +debts)
Residue of the estate: what remains after funeral expenses, debts paid, taxes paid, administrative fees and costs, maintenance claims and legacies paid out.
Which section of which Act previously prohibited black people from making wills regarding certain property.
Section 23 of Black Administration Act 38 of 1927
What is the purpose of customary law of succession
1. Preservation of family unit + community
2. Heir steps into role of deceased + acquires rights and obligations of deceased.
animus testandi
The intention of the testator to make a will.
Explain Constitutional Supremacy in relation to customary law of succession. Cite authority
According to section 211 of the CRSA, customary law must be consistent with the CRSA. (CRSA supreme law of the land)
"(3) The courts must apply customary law when that law is applicable, subject to the Constitution and any legislation that specifically deals with customary law."
Which subsection of which Act deals with private international law of succession after 3 December 1970
Subsection 4, section 3bis of Wills Act 7 of 1953.
Gary, a British citizen, dies in 2005. He lived in South Africa and owned a Volvo which was in Pretoria at the time of his death. Which country's laws will determine whether the formalities of a will have been complied with?
3bis of Wills Act applies. Car = movable property
-law where will executed
- law where testator domiciled / habitually resident at death (SA)
-law where testate a citizen at death/execution of will = Britian