PVL2602 EXAMINATION PREPARATION.

PVL2602 – EXAMINATION PREPARATION DEFINITIONS: Competent witness: With regard to a will, any person over the age of 14 years who is competent to give evidence in a court of law. Animus testandi: The intention of the testator to make a will. Amanuensis: Someone who signs a will on behalf of a testator. Testamentary writing: A document that defines any one of the three essential elements of a bequest: 1. The property bequeathed. 2. The extent of the interest bequeathed; or 3. The beneficiary Heir:  A beneficiary who inherits a testator’s entire estate, a portion thereof or the residue thereof.  The bequest is known as an inheritance. Dies cedit:  The day will come.  The time when a beneficiary obtains a vested right to claim delivery of bequeathed property unconditionally (whether or not the exercise of this right is delayed until some future date which is certain to arrive). Dies venit  The day has come.  The time at which a beneficiary’s right to claim delivery of bequeathed property becomes enforceable or the day when delivery of the property has to take place. 1 Legatee:  A person who inherits a specific asset or a specific amount of money from the testator.  The bequest is known as a legacy. Fideicommissum:  Occurs where a testator directs that a series of beneficiaries are to own his or her whole estate or part of it, or specific assets one after the other.  The first heir is known as the fiduciary and the succeeding beneficiary as the fideicommissary. Fideicommissum residui: Where property is left to a fiduciary subject to the condition that as much of it as may be left at the time of his or her death is to devolve on another person (the fideicommissary). Fideicommissum created impliedy (or tacit): Arises when, after considering the will as a whole (and in spite of the general presumption against fideicommissa), it is clear from the language used that the testator wishes to burden the disposition with a fideicommissum although the testator has not expressly done so. Fideicommissary substitution or fideicommissum:  Occurs where a testator directs that a series of beneficiaries are to own his or her whole estate or part of it, or specific assets one after the other.  The first heir is known as the fiduciary and the succeeding beneficiary as the fideicommissary. iusdem generis (of the same kind or nature): According to this rule, when a testator lists a series of qualifying words, a meaning is ascribed to each word having regard to the words preceding and following the word.