Succession 2 Topic 1 (Solved!)
Capacity to Inherit correct answers All juristic and natural persons (born or unborn) are competent to inherit either testate or intestate regardless of their legal capacity. Testamentary Capacity correct answers The legal ability to make a will. Natural person correct answers capable of acquiring a vested right to an inheritance Who will acquire a vested right + unrestricted enjoyment of the inheritance. correct answers A person who is a major (over 18 years), who is of sound mind and who is not insolvent and who does not repudiate an inheritance = NASCITURUS FICTION correct answers Requirements: Child conceived at the time of the devolution of the benefit. The inheritance must be to the advantage of the unborn child. The child must be subsequently born alive. Intestate inheritance? Testate inheritance? Section 2D(1)(c): (1) In the interpretation of a will, unless the context otherwise indicates- (c) any benefit allocated to the children of a person, or to the members of a class of persons, mentioned in the will shall vest in the children of that person or those members of the class of persons who are alive at the time of the devolution of the benefit, or who have already been conceived at that time and who are later born alive. In testamentary succession: The time when the benefit devolves can be either conditional or unconditional.
Información del documento
- Subido en
- 31 de agosto de 2023
- Número de páginas
- 8
- Escrito en
- 2023/2024
- Tipo
- Examen
- Contiene
- Preguntas y respuestas
