WK. 1 - INTRO TO SUCCESSION LAW & ADMIN. OF DECEASED ESTATES Flashcards
(21 cards)
Define law of succession
Law of succession comprises of legal rules pertaining to the devolution of assets, belonging to the estate of a deceased person, to successors/beneficiaries.
Where do the legal principles of customary and common law succession originate from?
Common= Roman Dutch law/ English Common Law Customary= Laws of succession of various SA's Black population groups
What are the 3 types of common law succesion?
Intestate and testate succession
Succession by contract (antenuptial contract/ donatio mortis causa)
Which Parliamentary Act governs succession law?
Administration of Estates Act 66 of 1965
What is the Master of the High Courts function in administration of the succession process?
- Supervises administration process and activities of executors
- advisory & other administrative functions regarding the admin. process
What are the two types of executorship?
Executor dative - elected by the master of high court and must be issued with a letter of executorship
Executor Testamentary - nominated in the deceased’s will
What are the executor’s functions? (Hint: PPADDS)
- Complete relevant (d)ocuments (E.G. death notice)
- (S)ubmit relevant documents along with original will with the Master
- (A)dvertise the deceased’s death to their creditors - they must make a claim usually within 30 days.
- (P)ay all claims against the estate (E.G. unpaid taxes/ claims creditors may have) - executor uses deceased’s cash for this and may even have to liquidate assets.
- (D)distribute remaining assets to deceased’s successors.
- (P)ublish liquidation and distribution (l&d) account prepped by executor.
How long and where does a L&D account remain open for inspection?
It lies open for inspection for 21 days at the Master’s and magistrate’s office in the district the deceased was last resident in before passing. If no objections are made the executor finalised admin. of the estate.
What are the 2 main purposes of the rules of Succession?
- To identify successors
2. To determine the value of each successor’s claim to the estate.
What is testate succesion?
Legal rules that identify a deceased’s successors and the extent of each successor’s benefit in terms of the deceased’s will
What is intestate succession?
Legal rules that identify the claim of each successor when no will has been made.
What is succession by contract?
Regulation of succession via a contract concluded between the deceased and another.
What is a legatee?
Someone who receives an asset(s)/money as specified in a will.
What is a legacy?
Assets received by legatee as specified in a will
What is an heir?
A beneficiary that receives the remainder of the deceased’s estate after legacies have been distributed.
In succession law heir=successor/beneficiary
What is an inheritance?
- Testate succession: benefit that goes to the heir.
- Intestate succession: benefit that goes to the intestate successor.
What does freedom of testation allow?
The testator (maker of the will) has the freedom to leave assets to whomever they want and impose T’s & C’s on these bequests.
Pieter le Roux’s will states:
I leave my house at 27 Madeliefie Street, Bellville to my cousin, Johan Combrinck
Question: does Johan Combrinck become the owner of the house immediately upon Pieter le Roux’s death by virtue of the fact that Pieter left the house to Johan in his will?
No – Johan does not acquire ownership of the house immediately upon Pieter’s death
- the law of succession is therefore not a mode of acquisition of ownership
What is dies cedit?
The moment a personal right to claim an asset from the estate occurs - upon estate owner’s death.
What is dies venit?
The moment a personal right to claim an asset from the executor of the deceased’s estate becomes enforceable - after reviewing of the l & d document has occurred.
What are the 4 requirements for successions to occur successfully?
- The estate owner must have died/been presumed to have died
- The successor must have been born before/ at the moment of dies credit
- The successor must outlive the estate owner (cannot die at the same time - commorientes - and still make claim even)
- Successor must be competent to receive the benefit.
