PVL -2602 LAW OF SUCCESSION TOPIC 7 NOTES AND SUMMARY
7.1 Introduction Underlying principle of freedom of testation: a testator can dispose of all or some of his assets at his own discretion (freedom to decide what to put in ones own will) BUT, limitation placed on freedom by legislation and common law (not unrestricted) such as: › Dispositions cannot be impossible, unlawful or contra bonos mores › Dispositions cannot be vague › Immovable Property Act: limits alienation of land by way of longterm provisions › Maintenance & education of testators children are subordinate to creditors claims but take precedence over legatees and heirs › Maintenance of Surviving Spouses Act: certain circumstances the SS has a claim for maintenance against the estate of the deceased
Geschreven voor
- Instelling
- University of South Africa
- Vak
- PVL 2602 -LAW OF SUCCESSION (PVL2602)
Documentinformatie
- Geüpload op
- 25 september 2021
- Aantal pagina's
- 37
- Geschreven in
- 2020/2021
- Type
- SAMENVATTING
Onderwerpen
-
lim
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71 introduction underlying principle of freedom of testation a testator can dispose of all or some of his assets at his own discretion freedom to decide what to put in ones own will but