Law of Succession Questions & Answers 2024/2025

Law of Succession Questions & Answers 2024/2025 The customary law of succession is essentially intestate succession - ANSWER-which means that the extensive body of common that relates to wills and legal arrangements made by will does not have a counterpart in customary law. s of inheritance of property were codified in - ANSWER-section 23 of the Black Administration Act 38 of 1927 and the regulations made thereunder. In Bhe v Magistrate, Khayelitsha the court ruled that - ANSWER-this section and the regulations are unconstitutional. In Bhe the court also ruled that the rule of primogeniture as it applies to customary law to the inheritance of property - ANSWER-is declared to be inconsistent with the Constitution and invalid to the extent that it excludes or hinders women and extra-marital children from inheriting property. In Bhe the court provided as an interim measure that the common law rules for - ANSWER-intestate succession contained in the Intestate Succession Act 81 of 1987 (common law rules) would apply to all persons. This situation was affirmed by the parliament in the Reform of Customary Law of Succession and Regulation of Related Matters Act 2 of 2009 which - ANSWER-applies the Intestate Succession Act to persons living under customary law, but modifies those rules to a limited extent for the purpose of inheritance under customary law. Customary law rules of inheritance of property have been substantially replaced by the - ANSWER-common law, although the common law rules have been adapted to fit in with African customs. Estate - ANSWER-a person's estate compromises of his assets and liabilities. The deceased - ANSWER-a person who has died and whose estate one is concerned with. Beneficiaries - ANSWER-persons who are entitled to the deceased's estate after all his liabilities, taxes, and administration costs have been paid. The identity of the beneficiaries and what they will receive from the estate is determined by - ANSWER-the law of succession and by the deceased's will, if there is one. A beneficiary who is entitled to receive an asset from the deceased estate is said to - ANSWER-inherit that asset; and the asset is called his inheritance. The beneficiary is said to - ANSWER-succeed the deceased. The beneficiary is said to - ANSWER-succeed the deceased. A will is also called a - ANSWER-testament or a last will and testament. If the deceased has left a valid will disposing if his assets - ANSWER-he is referred to as the testator. A will is a document made by the testator in which he stipulates - ANSWER-who his beneficiaries will be on his death and what they will each inherit from him. If a person dies leaving a valid will, then the devolution of his estate will - ANSWER-take place in accordance with the law of testate succession, in terms of which the wishes of the testator as expressed in the will are given effect to. Testate succession is also called - ANSWER-testamentary succession. If a person dies without leaving a (valid) will, then the rules of the - ANSWER-law of intestate succession determine who will inherit. The estate is said to devolve in accordance with the rules of intestacy. An executor - ANSWER-the person who attends the process of gathering up the deceased's assets, attending to payment of his liabilities and taxes, and distributing what is left to the beneficiaries. Executor nominated in the will is referred to as - ANSWER-an executor testamentary. Master of High Court appoints the the executor by - ANSWER-issuing documents called letters of executorship. Winding up - ANSWER-is the administration of the deceased estate. Winding up is also referred to as - ANSWER-the administration of the estate. Executor dative - ANSWER-executor chosen if there was no will. Preliminary inventory - ANSWER-list of the major assets. Estate account - ANSWER-standardized documents of summarized list of assets and liabilities and what is left for distribution. An executor is required to provide security to the Master as - ANSWER-a guarantee against stealing the assets of the estate. Executor's remuneration - ANSWER-3,5% of the value of the assets of the estate at CONTINUES....