Study Notes and guide for law of succession

,© 2019 University of South Africa

All rights reserved

Printed and published by the
University of South Africa
Muckleneuk, Pretoria

PVL2602/1/2020–2024

70728631



1




2




3




4




5




6




7




8




9




10




MNB_style

, PVL2602/1/2020–2024


CONTENTS

INTRODUCTION v

LEARNING UNIT 1: Introduction 1

LEARNING UNIT 2: Intestate succession 5

LEARNING UNIT 3: Testate succession: general rules 14

LEARNING UNIT 4: Testamentary capacity 17

LEARNING UNIT 5: Formalities for a will 20

LEARNING UNIT 6: Revocation and revival of wills 23

LEARNING UNIT 7: Capacity to inherit 26

LEARNING UNIT 8: Freedom of testation 32

LEARNING UNIT 9: Content of wills – absolute bequests, conditions, the modus
and estate massing 36

LEARNING UNIT 10: Content of wills – substitution, usufruct and accrual 45

LEARNING UNIT 11: Content of wills – trusts 54

LEARNING UNIT 12: Collation 59

LEARNING UNIT 13: Interpretation of wills 61

LEARNING UNIT 14: Succession by contract (pactum successorium) 64

LEARNING UNIT 15: Customary law and the Reform of Customary Law of Succession Act 66

LEARNING UNIT 16: Administration of estates 67

CONCLUSION 70




(iii)

, (iv)