PVL2602 Law of Succession Study Guide

PVL2602/501/3/2018




Tutorial letter 501/3/2018

Law of Succession
PVL2602

Semesters 1 & 2


Department of Private law


IMPORTANT INFORMATION:
This tutorial letter contains important information
about your module.

, CONTENTS

INTRODUCTION ...................................................................................................................................... 3
1 STUDY UNIT 1: INTRODUCTION ................................................................................................ 6
2 STUDY UNIT 2: INTESTATE SUCCESSION................................................................................ 8
3 STUDY UNIT 3: TESTATE SUCCESSION: GENERAL RULES .................................................. 18
4 STUDY UNIT 4: TESTAMENTARY CAPACITY .......................................................................... 20
5 STUDY UNIT 5: FORMALITIES FOR A WILL ............................................................................. 22
6 STUDY UNIT 6: REVOCATION AND REVIVAL OF WILLS ...................................................... 25
7 STUDY UNIT 7: CAPACITY TO INHERIT ................................................................................... 27
8 STUDY UNIT 8: FREEDOM OF TESTATION ............................................................................. 32
9 STUDY UNIT 9: CONTENT OF WILLS – ABSOLUTE BEQUESTS, CONDITIONS, THE
MODUS AND ESTATE MASSING .............................................................................................. 36
10 STUDY UNIT 10: CONTENT OF WILLS – SUBSTITUTION, USUFRUCT AND ACCRUAL ....... 45
11 STUDY UNIT 11: CONTENT OF WILLS - TRUSTS.................................................................... 53
12 STUDY UNIT 12: COLLATION ................................................................................................... 58
13 STUDY UNIT 13: INTERPRETATION OF WILLS ....................................................................... 60
14 STUDY UNIT 14: SUCCESSION BY CONTRACT (pactum successorium) ................................ 62
15 STUDY UNIT 15: CUSTOMARY LAW AND THE REFORM OF CUSTOMARY LAW OF
SUCCESSION ACT .................................................................................................................... 64
16 STUDY UNIT 16: ADMINISTRATION OF ESTATES .................................................................. 64




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, PVL2602/501

INTRODUCTION
Dear student
Welcome to the module, Law of Succession. We hope that you will have a positive learning
experience. This module consists of a general study of the law of succession. The aim of the
module is to provide you with general knowledge of the law of succession which forms an
integral part of the South African law. The study of this module will provide you with the
knowledge and skills to be able to identify and evaluate legal problems in the field of private law
in which the law of succession plays a role. This module deals with the basic principles of the
law of succession which you will need in practice when dealing with wills and deceased estates.

Prescribed material
Your prescribed material for this module is:

 Jamneck, Rautenbach, Paleker, Van der Linde, Wood-Bodley The Law of
Succession in South Africa 3rd ed (2017) Oxford University Press Cape
Town (This book will be referred to as “J&R” in this tutorial letter.)

 Cronjé DSP & Roos A Erfregvonnis-bundel / Casebook on the law of
succession 4th ed (2002) Unisa Pretoria

 A number of tutorial letters containing general information, comments on the
assignments and information on the format of the examination.

 Remember that tutorial letters are part of your study material for assignment and
examination purposes. They are at least as important as the textbook itself. Read
each tutorial letter, study it and keep it for reference purposes.

Learning outcomes

The learning outcomes for this module are the following:

 Recognising the role of law of succession in everyday life

 After you have mastered this module, you should be able to recognise the role of
law of succession in everyday life. This requires an understanding of the most
pressing and prevalent issues relating to law of succession that occurs within the
South African context. You should also be able to demonstrate your ability to
identify and solve issues related to law of succession in real or simulated
scenarios.

 Knowledge of definitions in law of succession

You will be expected to have ready knowledge of definitions of concepts relevant
to the law of succession. These definitions form the basis of your knowledge and
understanding of the law of succession and should be studied in detail. Without
absolute knowledge of these definitions you will find it impossible to master the
law of succession.




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,  Succession in practical context
You should develop a clear understanding of law of succession in a variety of contexts.
You will therefore have to demonstrate your ability to interpret and explain law of
succession problems in different contexts.

 Solving law of succession problems
You should be able to apply your basic knowledge of law of succession to solve a
variety of problems.

 Engaging with legal texts relating to law of succession

You should develop the ability to read, understand and apply legal principles
contained in case law. You will therefore be required to demonstrate your ability
to read, understand and interpret court decisions regarding law of succession.

 Academic knowledge and skills to enter a career in law

Having mastered this module you should have developed a clear knowledge and
understanding of the law of succession and the skills to apply your theoretical
knowledge to practice in the context of problem situations in your day-to-day work
environment. You will be required to demonstrate that you can interpret legal
documents in respect of the law of succession, and advice and represent parties
in legal proceedings on matters relating to the law of succession.

Hints on studying this subject
 Definitions: Definitions form the basis of your knowledge and understanding of
the law of succession and should be studied in detail. Without absolute
knowledge of these definitions you will find it impossible to study the law of
succession.

Do not change the wording of definitions - in the process; you may change the meaning
of the definition which of course, will make it wrong! Study the definitions as they are
provided in your textbook. Make sure that you are able to write the definition down
without referring to the textbook again.

The correct use of all terminology is extremely important as you do not want to
inadvertently change the meaning of your answers in the examination by using the
wrong terminology. Take, for example, the terms “incapable” and “incompetent”: A
person may be “capable” of taking a benefit (i.e. it is possible for him) but the law
regards him as “incompetent” - in other words the law refuses to give him the benefit
because, for example, he murdered the testator. It is therefore imperative to use the
correct terminology.

 Case law: Note that although certain cases are mentioned throughout the
textbook, you only have to study those prescribed in each study unit. In tutorial
letter 101 you will also find a complete list of these cases.

You do not have to know the full reference to a case (for example, Ex parte Graham
1963 (4) SA 145 (D)) - you need only know the name of the case, i.e. Ex parte Graham.
Also note that the notes on the cases which you will find in the prescribed
textbook (Cronjé & Roos – see tutorial letter 101), are extremely important. These

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