Study Unit 1.2: Vesting of the rights of beneficiaries with regard to assets of the estate

Question 1

Harris v Estate McGregor

Answer 1

• Intestate estate vests on the date when it first became factually certain that his/her will have become inoperative (not at the death of T).
• Interstate heirs are determined (Delatio) when the will becomes inoperative

Question 2

Greenberg v Estate Greenberg

Answer 2

• Beneficiary does not become owner immediately on the death of the Testator; at most beneficiary acquires right to claim delivery of asset.

Question 3

Wessels v De Jager (SCA)

Answer 3

Upon death, the beneficiary only acquires the power to accept