The Law of Gifts and Succession Law

Question 1

Define Abatement

Answer 1

Loss of the entitlement to a legacy where the property has been used to pay deceased’s liabilities / executors expenses

Question 2

Ademption

Answer 2

Failure of legacy because the property is no longer owned by the deceased at the time of their death

Question 3

Administrator

Answer 3

Person representative of deceased appointed by court where deceased dies without a Will.

Question 4

Codicil

Answer 4

Formal document drawn up after a Will to add or alter terms of Will

Question 5

Commorientes

Answer 5

Death of individuals at the same time

Question 6

Concurrent Wills

Answer 6

Wills of a person dealing with property situated in different countries

Question 7

Deceased Estate

Answer 7

Property owned by a person on death where they were absolute owner/co-owner under tenancy in common

Question 8

Demonstrative Legacy

Answer 8

Pecuniary legacy payable out of specific funds or specific part of estate

Question 9

Devise

Answer 9

A legacy of realty (freehold property)

Question 10

Disclaimer

Answer 10

Refusal by a legatee to take a legacy under a Will

Question 11

En ventre sa mere

Answer 11

Unborn child

Question 12

Executor

Answer 12

Person representative of deceased person appointed under Will

Question 13

Freedom of Testation

Answer 13

Freedom to leave property to whoever you please on death

Question 14

Forfeiture

Answer 14

Deprivation of a legatee of their legacy under a Will

Question 15

General Legacy

Answer 15

Gift of property that does not refer to specific property of estate

Question 16

Grant of Representation

Answer 16

Confirmation by court that person representatives have power to administer a deceased estate

Question 17

Inter Vivos

Answer 17

during life

Question 18

Intestate

Answer 18

Position of individual who dies without having made a valid Will

Question 19

Ius accrescendi

Answer 19

Right of survivorship

Question 20

Legacy

Answer 20

Gift of property under Will

Question 21

Legatee

Answer 21

Person who is donee of property of a deceased estate

Question 22

Letters of Administration

Answer 22

Grant of representation to the administrators of a deceased estate

Question 23

Mutual Wills

Answer 23

Will made by two persons

Question 24

Pecuniary Legacy

Answer 24

Legacy of money

Question 25

Personal Representatives

Answer 25

Absolute owners of deceased persons property and responsible for administrating estate

Question 26

Power of Attorney

Answer 26

Power created by donor to donee (attorney) to act as agent for personal affairs

Question 27

Probate

Answer 27

Grant of representation to executors of a Will

Question 28

Pur autre vie

Answer 28

During the lifetime of another

Question 29

Residuary Legacy

Answer 29

Gift of property remaining in estate after liabilities of deceased and expenses of personal representatives have been settled and all other legacies satisfied

Question 30

Specific Legacy

Answer 30

Gift of specific part of estate

Question 31

Substitutional Gift

Answer 31

Gift in Will made where a residuary legacy fails so as to prevent intestacy

Question 32

testator

Answer 32

Person who has made Will

Question 33

Will

Answer 33

Testamentary disposition drawn up following prescribed formalities by which a person makes a disposition of their property to take effect after they have died