Law of Succession Exam Questions
With all Correct Answers
PVL2602
.A beneficiary is not obliged to accept a benefit conferred by the will or on intestacy -
Answer -the beneficiary is entitled to choose whether to adiate or repudiate.
.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.
.A condition in general restraint of marriage - Answer -This is a condition that
discourages the beneficiary from marrying at all.
.A legatee acquires a right to the subject-matter of the bequest - Answer -unless he
repudiates it.
.A person who is actually an heir in terms of the will but who would - Answer -not be an
heir in terms of the rules of intestate succession if the deceased had died without a will
is not obliged to collate.
.A remuneratory donation is one given out of a sense of - Answer -moral obligation in
response to benefits recieved.
.A surviving spouse may have a claim for maintenance in terms of the - Answer -
Maintenance of Surviving Spouses Act 27 of 1990.
.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.
.A will is also called a - Answer -testament or a last will and testament.
.A will only becomes operative - Answer -after the death of the testator.
.Adiation can be - Answer -expressed or implied.
.Administration costs - Answer -fee that the executor is entitled to charge for his work
and other incidental costs.
.Although the Harvey case concerned the provisions of an inter vivos trust the
provisions of the trust were to operate after the founder's death and it was the limit of
the founder's ius disponendi - Answer -The case was on the same footing as a
testamentary disposition because freedom of testation is one aspect of an owner's ius
disponendi.
, .An election is irrevocable unless the beneficiary can show that - Answer -the choice
was made in excusable ignorance of his rights.
.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.
.An executor is required to provide security to the Master as - Answer -a guarantee
against stealing the assets of the estate.
.An heir who has to collate does not actually pay money into the estate - Answer -the
value of his benefit is simply taken into account when calculating the value of the estate
and the inheritances of the various heirs who may claim collation are adjusted
accordingly as if the estate was worth more.
.An heir who refuses to collate when required to do so - Answer -forfeits his inheritance.
.As held in the Spence case, even if the race-related discrimination complained of -
Answer -had been express the will would have been valid.
.Basic requirements for succession - Answer -The beneficiary must be a person capable
in law of of acquiring a benefit from the deceased.
.Basic requirements for succession - Answer -The beneficiary must be alive or at least
conceived at the moment the benefit vests.
.Basic requirements for succession - Answer -The beneficiary must be designated as an
heir under the rules of intestate succession or nominated as an heir or legatee under a
valid will.
.Basic requirements for succession - Answer -The benefit must have vested in the
beneficiary.
.Basic requirements for succession - Answer -The person whose property is to devolve
must be deceased.
.Because of the principle of survivorship, persons who die simultaneously - Answer -
known as commorientes cannot inherit from one another.
.Because the value of an asset can change over time - Answer -the date at which it
must be valued for the purposes of collation is significant.
.Before one can find that an unfairly discriminatory provision of a will or trust deed is
unconstitutional one must first - Answer -evaluate whether the encroachment the will or
deed makes on the claimant's right to equality is permitted as a justifiable limitation of
With all Correct Answers
PVL2602
.A beneficiary is not obliged to accept a benefit conferred by the will or on intestacy -
Answer -the beneficiary is entitled to choose whether to adiate or repudiate.
.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.
.A condition in general restraint of marriage - Answer -This is a condition that
discourages the beneficiary from marrying at all.
.A legatee acquires a right to the subject-matter of the bequest - Answer -unless he
repudiates it.
.A person who is actually an heir in terms of the will but who would - Answer -not be an
heir in terms of the rules of intestate succession if the deceased had died without a will
is not obliged to collate.
.A remuneratory donation is one given out of a sense of - Answer -moral obligation in
response to benefits recieved.
.A surviving spouse may have a claim for maintenance in terms of the - Answer -
Maintenance of Surviving Spouses Act 27 of 1990.
.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.
.A will is also called a - Answer -testament or a last will and testament.
.A will only becomes operative - Answer -after the death of the testator.
.Adiation can be - Answer -expressed or implied.
.Administration costs - Answer -fee that the executor is entitled to charge for his work
and other incidental costs.
.Although the Harvey case concerned the provisions of an inter vivos trust the
provisions of the trust were to operate after the founder's death and it was the limit of
the founder's ius disponendi - Answer -The case was on the same footing as a
testamentary disposition because freedom of testation is one aspect of an owner's ius
disponendi.
, .An election is irrevocable unless the beneficiary can show that - Answer -the choice
was made in excusable ignorance of his rights.
.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.
.An executor is required to provide security to the Master as - Answer -a guarantee
against stealing the assets of the estate.
.An heir who has to collate does not actually pay money into the estate - Answer -the
value of his benefit is simply taken into account when calculating the value of the estate
and the inheritances of the various heirs who may claim collation are adjusted
accordingly as if the estate was worth more.
.An heir who refuses to collate when required to do so - Answer -forfeits his inheritance.
.As held in the Spence case, even if the race-related discrimination complained of -
Answer -had been express the will would have been valid.
.Basic requirements for succession - Answer -The beneficiary must be a person capable
in law of of acquiring a benefit from the deceased.
.Basic requirements for succession - Answer -The beneficiary must be alive or at least
conceived at the moment the benefit vests.
.Basic requirements for succession - Answer -The beneficiary must be designated as an
heir under the rules of intestate succession or nominated as an heir or legatee under a
valid will.
.Basic requirements for succession - Answer -The benefit must have vested in the
beneficiary.
.Basic requirements for succession - Answer -The person whose property is to devolve
must be deceased.
.Because of the principle of survivorship, persons who die simultaneously - Answer -
known as commorientes cannot inherit from one another.
.Because the value of an asset can change over time - Answer -the date at which it
must be valued for the purposes of collation is significant.
.Before one can find that an unfairly discriminatory provision of a will or trust deed is
unconstitutional one must first - Answer -evaluate whether the encroachment the will or
deed makes on the claimant's right to equality is permitted as a justifiable limitation of
