Unit 1 - Good

Unit 1: An Introduction to the South African Law of Succession Theme 1: A General Introduction of the Law of Succession and the Dual Character of the Law of the Law of Succession

Section 1: The Definition and Nature of the Law of Succession

Concerned with fate of Deceased’s Estate after death Totality of Legal Rules regulating Deceased’s Estate’s Assets transfer subject to distribution among beneficiaries|Another’s Assets that Deceased can dispose of Subsection 1: Legal Rules Regulates Deceased’s Estate Assets devolution upon another Controls transfer of Deceased’s Estate’s Assets distributed among beneficiaries Has Economic|Social Function

Subsection 2: Economic Function Freedom of Testation Decide how Deceased Estate’s Assets distributed within Legal Limitations Subsection 3: Social Function Protects family Social Unit within Legal Limitations Protects from social trends affecting family which affects Law of Succession

Section 2: The position of the Law of Succession in the Law

Branch of Law of Patrimony

Subsection 1: The Law of Patrimony Branch of Private Law Subsection 2: Private Law Regulates relationships between Legal Subjects Determines Rights and Duties of Legal Subjects

Section 3: The Legal Positions of the Deceased’s Estate

Testamentary Subsection 1: Testamentary Successio ex Testanmento Deceased called Testator|Testatrix Dies with Valid Will Will is unilateral declaration of Testator|Testatrix wishes|states fate of Deceased Estate Executer administers|distributes Deceased’s Estates Assets Intestate

Subsection 2: Intestate Successio ab Intestato Deceased is called Deceased Dies without Valid Will|ANC without inheritance provisions|with Invalid Will Rules of Intestate Succession administers|distributes Deceased’s Estate’s Assets Contract

Subsection 3: Contract

Theme 2: The Difference between Testate Succession and Intestate Succession

Section 7: The Definition of Testate Succession and Intestate Succession

Testate Succession Subsection 1: Testate Succession Dying with Valid Will Testator’s|Testatrix’s Estate’s Assets transfered|distributed among Legatess|Heirs Intestate Succession

Subsection 2: Intestate Succession Dying without will Deceased’s Estate’s Assets transferred|distributed among Heirs

Section 8: Testator|Testatrix Estate partly Testate and partly Intestate

Section 9: Freedom of Testation

Section 10: Beneficiaries Entitlement to Inheritance

Claim to entitlement of Benefit arises when Estate falls open at Delacio

Section 11: Vested Rights as Enforceable Rights

Section 12: Definition of Dies Cedit and Dies Venit

Dies Cedit

Subsection 1: Dies Cedit Moment of Deceased’s Death|Beneficiaries Rights become Vested Postponed if Suspensive Condition attached Subsection 2: Vestige Right to claim Asset delivery unconditionally No Right to Asset enjoyment Dies Venit Subsection 3: Dies Venit Beneficiaries Vested Rights become enforceable upon Estate’s administration completion Cannot precede Dies Cedit Postponed if Suspensive Condition attached to Dies Cedit Postponed if Time Suspensive Condition attached

Section 13: The Moment when Dies Cedit and Dies Venit occur in Intestate Succession and Testate Succession

Dies Cedit and Dies Venit in Testate Succession Subsection 1: Dies Cedit and Dies Venit in Testate Succession Vested Rights depends on Testator|Testarix intention in Will Dies Cedit coincides with Testator|Testarix Death in pure bequest Dies Venit theoretically coincides with Testator|Testarix Death Dies Cedit and Dies Venit in Intestate Succession

Subsection 2: Dies Cedit and Dies Venit in Intestate Succession