CORRECT DETAILED AND VERIFIED ANSWERS-MOSTLY TESTED QUESTIONS | RATED 100%
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1. Name 3 ways that succession can take place: 1. In accordance with a valid will
2. Intestate succession in the absence of a will
3. In terms of a contract Contract or Agreement
2. Absolute bequest: A bequest that does not contain any conditions
3. Accrual or the right of the accrual (ius accrescendi): The right that the co-heirs or co-legatees have of inheriting
the share that their co=heir or co-legatee cannot or does not wish to receive.
4. Ademption: A form of tacit revocation of a legacy when a testator voluntarily alienates the object of the legacy
during his/her lifetime causing the legacy to fail.
5. Adiation: The acceptance of benefit from the estate of the testator or deceased either under testate succession or
under intestate succession
6. Administration of estates: The process, including all administrative actions to initiate and complete the process.
7. Alienate: A broad term that covers all modes of disposing of an asset.
8. amanuensis: Someone the testator has authorised to sign the will on behalf of him or herself
9. Amendment: A deletion, addition, or alteration by the testator
10. Animus testandi: The intention of the testator to make a will
11. Ascendants: Ancestors of the deceased
12. Attestation clause: A clause that appears at the end of the will in which it is declared that all the parties were present
and signed in one another's presence. 13. Beneficiary or beneficiaries: The person or persons to whom a testator's
estate is transferred.
,14. Bequeath: Dispose of assets by means of a will
15. Bequest: The bequeathable assets left by the deceased.
16. Capacity to act: A person's capacity to enter into legal acts
17. Cleave/Cloven: When an estate rises up from the deceased to his parents and is divided into two halves so that each
half goes to each parent's side from where it is further distributed.
18. Child's portion: Calculated by dividing the deceased's estate by the number of children who have either survived
him or her, or have predeceased him or her but have left descendants of their own, plus the number of surviving
spouses.
19. Collateral: Refers to a person who is related to the deceased because he or she has the same ancestor as the deceased.
e.g. Full brother, half brother, nephew, cousin uncle or aunt.
20. Collation or collatio bonorum: under certain circumstances, a descendant who received certain benefits from a
testator during the testator's lifetime must collate such benefits before he or she may inherit from the estate of the
testator to ensure a fair distribution of the deceased estate among all the descendants. 21 Commorientes: People who
die simultaneously in a disaster.
22. Competent witness: With regards to a will, any person over the age of 14 years who is competent to give evidence
in a court of law.
23. Compos mentis: A sound mind
24. Conditional bequest: A bequest that depends on a future event which is uncertain in the sense that it may or may
not occur.
25. coniunctissimi: The persons closest to the deceased, namely the surviving spouse, parents and children
26. Contractual succession or pactum successorium: A contract in which the parties attempt to regulate the devolution
of the entire estate or part of the estate of one or both parties
, 27. Curator: A person who has been legally appointed to take care of the interest of someone who is unable to manage
his or her affairs.
28. Customary house: In customary law, the word "house" refers to the family, property, rights and status connected to
a customary marriage of a man and a woman.
29. Customary law property: There are three categories of customary law property, namely family property, house
property and personal property
30. Customary marriage: A marriage concluded in terms of customary law
31. cy pres doctrine: A doctrine that a court may apply in the case of the failure of a charitable trust in order that the
trust assets may be applied for the purpose as near as possible to the original purpose.
32. Deceased estate: Consists of assets and liabilities of the deceased person at the time of his or her death
33. Descendants: Persons in the downward line of the deceased
34. dies cedit: The day will come. The time when the beneficiary obtains a vested right to claim delivery of the
bequeathed property unconditionally
35. dies venit: The day has come. The time at which a beneficiary's right to claim delivery of the bequeathed property
becomes enforceable or the day when delivery of the property must take place.
36. Direct substitution: It occurs when a testator names a substitute or series of substitutes who are to inherit if the heir
or legatee named to benefit in a will does not inherit.
37. donato mortis causa: A donation aimed at the donor's death that must comply with the formalities laid down for a
will
38. estate massing: When two or more testators mass the whole or parts of their estates into one consolidated economic
unit for the purpose of testamentary disposal and the disposal becomes effective on the death of the first-dying spouse
39 Execution of a will: The process through which the testator and other parties comply with all formalities required
to bring a valid will into existence