Summary Section 3- Testate Succession

3. TESTATE SUCCESSION: GENERAL RULES

3.1 Sources of testamentary succession

• Primary legislation: the Wills Act 7 of 1954 and the Law of Succession Amendment Act 43 of 1992

3.2 The definition of a will/codicil/testamentary writing and characteristic features of a document which
purports to be a will/codicil/testamentary writing

• Section 1 read with section 2D(2) of WA
• Ex parte Davies
• Textbook pages 44- 50




3.1 Sources of testamentary succession

• Primary Legislation:
- The Wills Act 7 of 1954 (1 January 1954) as amended by the Law of Succession Amendment Act of
1992 (1 October 1992).
- All of the amendments in the Wills Act apply to persons who died on or after the 1st of October
1992. Therefore, we must consider the most relevant law, which is the amended Wills Act.

• The structure of the WA:

Section 2: Formalities for execution and amendments

- Formalities (S 2(1)(a))
- Condonation (S 2(3))
- Revocation (S 2A)
- Divorce or annulment (S 2(B)
- Renunciation (S 2(C))
- Interpretation (S 2D)

Section 3: Conflicts of law *Not NB for this course

Section 4: Competency to make a will

- Competency to witness a will (S 4A)
- Disqualification (S 4A) *There are common law grounds + statutory grounds (S 4(A)) for
disqualification