The Law of Succession in South Africa:
The Law of Succession in South Africa is the third edition of this highly regarded work, providing a comprehensive discussion of all aspects of the law of succession. Building upon the substantial contributions of Mr Justice Corbett and Professor Ellison Kahn, the new edition brings the law up to da...
Gespeichert in:
| 1. Verfasser: | |
|---|---|
| Format: | Elektronisch E-Book |
| Sprache: | English |
| Veröffentlicht: |
Cape Town
Juta & Company, Limited
2023
|
| Ausgabe: | 3rd ed |
| Online-Zugang: | HWR01 |
| Zusammenfassung: | The Law of Succession in South Africa is the third edition of this highly regarded work, providing a comprehensive discussion of all aspects of the law of succession. Building upon the substantial contributions of Mr Justice Corbett and Professor Ellison Kahn, the new edition brings the law up to date and includes commentary on new developments since the last edition. The Law of Succession in South Africa provides all-new commentary on developments, especially those brought about as a result of the re-evaluation of legal positions in light of the advent of the constitution |
| Beschreibung: | Description based on publisher supplied metadata and other sources |
| Beschreibung: | 1 Online-Ressource (1705 Seiten) |
| ISBN: | 9781485150039 |
Internformat
MARC
| LEADER | 00000nmm a2200000zc 4500 | ||
|---|---|---|---|
| 001 | BV049020304 | ||
| 003 | DE-604 | ||
| 005 | 00000000000000.0 | ||
| 007 | cr|uuu---uuuuu | ||
| 008 | 230626s2023 |||| o||u| ||||||eng d | ||
| 020 | |a 9781485150039 |9 978-1-4851-5003-9 | ||
| 035 | |a (ZDB-30-PQE)EBC30532920 | ||
| 035 | |a (ZDB-30-PAD)EBC30532920 | ||
| 035 | |a (ZDB-89-EBL)EBL30532920 | ||
| 035 | |a (OCoLC)1380691398 | ||
| 035 | |a (DE-599)BVBBV049020304 | ||
| 040 | |a DE-604 |b ger |e rda | ||
| 041 | 0 | |a eng | |
| 049 | |a DE-2070s | ||
| 100 | 1 | |a Hofmeyr, G. |e Verfasser |4 aut | |
| 245 | 1 | 0 | |a The Law of Succession in South Africa |
| 250 | |a 3rd ed | ||
| 264 | 1 | |a Cape Town |b Juta & Company, Limited |c 2023 | |
| 264 | 4 | |c ©2023 | |
| 300 | |a 1 Online-Ressource (1705 Seiten) | ||
| 336 | |b txt |2 rdacontent | ||
| 337 | |b c |2 rdamedia | ||
| 338 | |b cr |2 rdacarrier | ||
| 500 | |a Description based on publisher supplied metadata and other sources | ||
| 505 | 8 | |a Intro -- Preface to the Third Edition -- Preface to the Second Edition -- Preface to the First Edition -- Contents -- Authorities Cited with Mode of Citation -- A -- B -- C -- D -- E -- F -- G -- H -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- V -- W -- Z -- Periodicals -- Part I General -- Chapter 1 Introduction -- Chapter 2 Basic Concepts: The Legal Position of Executors, Heirs and Legatees: Adiation and Repudiation -- 1. Basic Concepts -- 2. The Legal Position of Executors, Heirs and Legatees -- 3. Election, Adiation and Repudiation (Renunciation) -- Chapter 3 Collation -- 1. Collation in General -- 2. Who is Obliged to Collate? -- 3. Who is Entitled to the Benefits of Collation? -- 4. What Benefits Must be Collated? -- 5. How is Collation Effected? -- 6. Remission and Extension of the Duty to Collate -- Part II Testamentary Succession -- Chapter 4 Testamentary Succession in General -- 1. Devolution of Property on Death -- 2. Definition and Nature of a Will and a Codicil -- 3. Joint or Mutual Wills -- 4. The Importance of the Date of Execution and the Date of Death -- 5. The Revocable Nature of a Will and Pacta Successoria -- 6. Matters Which May be Regulated by Will -- 7. Freedom of Testation -- General -- Statutory limitations on freedom of testation and maintenance claims -- Maintenance claims of children, surviving spouses and permanent life partners -- Freedom of testation and the Constitution -- Chapter 5 Formalities and the Execution of Wills, Amendments of Wills, and Incorporation by Reference -- 1. Introduction: Purpose of Formalities and Sources of Law -- 2. Wills Executed on or after 1 January 1954 in Respect of which the Testator was Alive on or after 1 October 1992 when the Law of Succession Act 43 of 1992 came into Operation -- The distinction between a signature and a mark | |
| 505 | 8 | |a The will must be signed at the end thereof by the testator or by some other person in the testator's presence and by the testator's direction -- Additional requirements when the testator signs by making a mark or when an amanuensis is involved -- The signature must be made by the testator or by the other person who signs in the testator's presence and by the testator's direction or must be acknowledged by the testator and, if made by such other person, also by such other person, in the presence of two or more competent witnesses present at the same time -- If the will consists of more than one page, each page, other than the page on which it ends, must also be signed by the testator or by the person who signs on the testator's behalf anywhere on the page -- 3. Amendment of Wills -- The law prior to 1 January 1954 -- Amendments which introduce new matter and amendments which do not introduce new matter -- Amendments made prior to execution -- Amendments made subsequent to execution -- Legislation applicable to a will executed on or after 1 January 1954 in respect of which the testator died before 1 October 1992, when the Law of Succession Amendment Act 43 of 1992 came into operation -- Legislation applicable to a will executed on or after 1 January 1954 in respect of which the testator died on or after 1 October 1992, when the Law of Succession Amendment Act 43 of 1992 came into operation -- 4. Condonation Provision In Terms of Section 2(3) of the Wills Act -- Introduction -- Onus -- Document -- 'Drafted or executed' -- 'Intended to be his [or her] will' -- The relationship between the 'intention' requirement in s 2(3) and testamentary capacity -- Fraud -- Instances when s 2(3) should not have been applied -- The relationship between s 2(3) and s 2A of the Wills Act -- 5. Incorporation by Reference | |
| 505 | 8 | |a Chapter 6 Capacity to make a will and to witness a will -- 1. Capacity to Make a Will -- Introduction -- Wills executed prior to 1 January 1954 -- Wills executed on or after 1 January 1954 -- 2. Capacity to Witness a Will -- Chapter 7 Capacity to Benefit under a Will or on Intestacy -- 1. Introduction -- 2. Guardians, Administrators and Curators -- 3. Persons Marrying Minors Without Consent -- 4. Unworthy Persons and the Principle that No One May Derive a Benefit from His or Her Unlawful Act -- 5. Children Born out of Wedlock, Incest and Adultery -- 6. Adopted Children -- 7. Persons Witnessing, Signing or Writing Out a Will and Their Spouses -- 8. The Consequences of the Disqualification to Inherit -- Chapter 8 Invalidity of Wills Generally: Mistake, Fraud, Duress and Undue Influence -- Revocation and Revival -- 1. Invalidity Generally -- Grounds of invalidity -- The presumption of validity -- Estoppel and acquiescence -- Admissibility of evidence -- 2. Mistake -- The absence of animus testandi -- Causa -- Mistaken assumptions: Exceptions -- 3. Fraud, Duress and Undue Influence -- 4. Revocation -- Introduction -- Revocation by a subsequent will or codicil -- Revocation by destruction -- Repeal of Law 2 of 1868 (Natal) and the statutory modification of the common law effected by s 2(1)(b) of the Wills Act 7 of 1953 -- Presumption of destruction animo revocandi -- Power of the court to declare a will revoked -- Revocation by the subsequent marriage of the testator -- Revocation resulting from divorce or annulment of a marriage -- Ademption of a legacy -- Conditional revocation -- 5. The Revival of a Revoked Will -- Chapter 9 The Custody and Registration of Wills -- 1. Introduction -- 2. Custody of a Will Prior to Death -- 3. Delivery of a Will to the Master on Death -- 4. Registration and Acceptance of a Will -- 5. Registration of a Copy of a Will | |
| 505 | 8 | |a 6. Effect of Registration and the Rights of Interested Parties -- 7. Release of a Will by the Master -- Chapter 10 The Appointment of Heirs and Legatees: Dies, Conditions -- 1. The Appointment of Heirs and Legatees -- 2. Dies, Conditions and Modus Generally -- 3. Dies -- 4. Conditions -- General: The presumption against conditions -- Suspensive and resolutive conditions -- Potestative, casual and mixed conditions -- Divisible and indivisible conditions -- Conjunctive and disjunctive conditions -- Conditions imposed in error -- Impossible and illegal conditions and conditions contrary to public policy -- Public policy prior to the constitutional era -- Conditions contrary to constitutional values -- Vague and uncertain conditions -- Chapter 11 Vesting -- 1. Meaning of 'Vest' and Nature of the Right which Vests -- 2. Immediate and Postponed Vesting -- 3. Importance of Vesting -- Transmissibility of the interest upon death -- Acceleration of the interest upon renunciation or non-adiation -- Distribution of surplus capital and income -- Application of statutory provisions -- Jus accrescendi (right of accrual) -- Pactum successorium -- 4. Vesting of Conditional Inheritances or Bequests -- 5. Principles for Determining the Time of Vesting where Words of Futurity Occur -- Rule 1: bequest payable on a definite future date -- Rule 2: bequest payable on an indefinite future date, certain to arrive in the lifetime of the beneficiary -- Rule 3: bequest payable on an indefinite future date, not certain to arrive in the lifetime of the beneficiary -- Rule 4: intermediate interest of usufructuary nature or fiduciary nature -- Sub-rule 4(a) -- Sub-rule 4(b) -- Sub-rule 4(c) -- Rule 5: ultimate beneficiary uncertain -- Rule 6: condition of survivorship -- 6. Vesting of Interests Other than Those Consisting of a Right to Full Ownership | |
| 505 | 8 | |a 7. Vesting of Legacy of Choice and of Legacy Subject to a Bequest Price -- 8. Vesting under Joint or Mutual Wills -- Where the children as well as the survivor are appointed heirs -- Where the survivor is not appointed heir -- Where the survivor alone is appointed heir -- Where the survivor is sole heir or heir jointly with the children, but the property in respect of which the question of vesting arises is specially bequeathed to the children -- Chapter 12 Substitution -- 1. Meaning of Terms -- 2. Direct and Fideicommissary Substitution Distinguished -- 3. The Creation of Direct Substitutions -- 4. The Purpose, Interpretation and Effect of Direct Substitutions -- 5. Termination of Direct Substitutions -- Chapter 13 Legacies -- 1. Legacies in General -- 2. The Subject-matter of a Legacy -- General -- Bequest by a testator of his or her own property -- Bequest of a third person's property -- Bequest of property belonging to an heir or a legatee -- Bequest of property owned in common by the testator and another -- Joint disposition of property held in common -- Insurance policies -- Claims and debts -- Annuities -- Options, rights of pre-emption, rights of choice -- Occupation and residence -- Bequests subject to a condition, modus or bequest price -- Burdened property -- Risk, profits, interest -- 3. The Payment of Legacies -- 4. The Abatement of Legacies -- 5. Failure of Legacies -- Chapter 14 Accrual -- 1. General -- 2. Co-heirs and Co-legatees -- Mode of joinder as an indication of the testator's intention -- (i) Joinder re tantum -- (ii) Joinder re et verbis -- (iii) Joinder verbis tantum -- Other indications of the testator's intentions -- 3. Fiduciary Heirs and Legatees -- 4. Other Co-beneficiaries -- 5. Statutory Accrual -- Chapter 15 Fideicommissum -- 1. Definition and Nature -- 2. The Creation of a Fideicommissum | |
| 505 | 8 | |a 3. Requirements for a Valid Fideicommissum | |
| 520 | |a The Law of Succession in South Africa is the third edition of this highly regarded work, providing a comprehensive discussion of all aspects of the law of succession. Building upon the substantial contributions of Mr Justice Corbett and Professor Ellison Kahn, the new edition brings the law up to date and includes commentary on new developments since the last edition. The Law of Succession in South Africa provides all-new commentary on developments, especially those brought about as a result of the re-evaluation of legal positions in light of the advent of the constitution | ||
| 700 | 1 | |a Palekar, M. |e Sonstige |4 oth | |
| 776 | 0 | 8 | |i Erscheint auch als |n Druck-Ausgabe |a Hofmeyr, G. |t The Law of Succession in South Africa |d Cape Town : Juta & Company, Limited,c2023 |z 9781485107279 |
| 912 | |a ZDB-30-PQE | ||
| 999 | |a oai:aleph.bib-bvb.de:BVB01-034283211 | ||
| 966 | e | |u https://ebookcentral.proquest.com/lib/hwr/detail.action?docID=30532920 |l HWR01 |p ZDB-30-PQE |q HWR_PDA_PQE |x Aggregator |3 Volltext | |
Datensatz im Suchindex
| _version_ | 1804185297264574464 |
|---|---|
| adam_txt | |
| any_adam_object | |
| any_adam_object_boolean | |
| author | Hofmeyr, G. |
| author_facet | Hofmeyr, G. |
| author_role | aut |
| author_sort | Hofmeyr, G. |
| author_variant | g h gh |
| building | Verbundindex |
| bvnumber | BV049020304 |
| collection | ZDB-30-PQE |
| contents | Intro -- Preface to the Third Edition -- Preface to the Second Edition -- Preface to the First Edition -- Contents -- Authorities Cited with Mode of Citation -- A -- B -- C -- D -- E -- F -- G -- H -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- V -- W -- Z -- Periodicals -- Part I General -- Chapter 1 Introduction -- Chapter 2 Basic Concepts: The Legal Position of Executors, Heirs and Legatees: Adiation and Repudiation -- 1. Basic Concepts -- 2. The Legal Position of Executors, Heirs and Legatees -- 3. Election, Adiation and Repudiation (Renunciation) -- Chapter 3 Collation -- 1. Collation in General -- 2. Who is Obliged to Collate? -- 3. Who is Entitled to the Benefits of Collation? -- 4. What Benefits Must be Collated? -- 5. How is Collation Effected? -- 6. Remission and Extension of the Duty to Collate -- Part II Testamentary Succession -- Chapter 4 Testamentary Succession in General -- 1. Devolution of Property on Death -- 2. Definition and Nature of a Will and a Codicil -- 3. Joint or Mutual Wills -- 4. The Importance of the Date of Execution and the Date of Death -- 5. The Revocable Nature of a Will and Pacta Successoria -- 6. Matters Which May be Regulated by Will -- 7. Freedom of Testation -- General -- Statutory limitations on freedom of testation and maintenance claims -- Maintenance claims of children, surviving spouses and permanent life partners -- Freedom of testation and the Constitution -- Chapter 5 Formalities and the Execution of Wills, Amendments of Wills, and Incorporation by Reference -- 1. Introduction: Purpose of Formalities and Sources of Law -- 2. Wills Executed on or after 1 January 1954 in Respect of which the Testator was Alive on or after 1 October 1992 when the Law of Succession Act 43 of 1992 came into Operation -- The distinction between a signature and a mark The will must be signed at the end thereof by the testator or by some other person in the testator's presence and by the testator's direction -- Additional requirements when the testator signs by making a mark or when an amanuensis is involved -- The signature must be made by the testator or by the other person who signs in the testator's presence and by the testator's direction or must be acknowledged by the testator and, if made by such other person, also by such other person, in the presence of two or more competent witnesses present at the same time -- If the will consists of more than one page, each page, other than the page on which it ends, must also be signed by the testator or by the person who signs on the testator's behalf anywhere on the page -- 3. Amendment of Wills -- The law prior to 1 January 1954 -- Amendments which introduce new matter and amendments which do not introduce new matter -- Amendments made prior to execution -- Amendments made subsequent to execution -- Legislation applicable to a will executed on or after 1 January 1954 in respect of which the testator died before 1 October 1992, when the Law of Succession Amendment Act 43 of 1992 came into operation -- Legislation applicable to a will executed on or after 1 January 1954 in respect of which the testator died on or after 1 October 1992, when the Law of Succession Amendment Act 43 of 1992 came into operation -- 4. Condonation Provision In Terms of Section 2(3) of the Wills Act -- Introduction -- Onus -- Document -- 'Drafted or executed' -- 'Intended to be his [or her] will' -- The relationship between the 'intention' requirement in s 2(3) and testamentary capacity -- Fraud -- Instances when s 2(3) should not have been applied -- The relationship between s 2(3) and s 2A of the Wills Act -- 5. Incorporation by Reference Chapter 6 Capacity to make a will and to witness a will -- 1. Capacity to Make a Will -- Introduction -- Wills executed prior to 1 January 1954 -- Wills executed on or after 1 January 1954 -- 2. Capacity to Witness a Will -- Chapter 7 Capacity to Benefit under a Will or on Intestacy -- 1. Introduction -- 2. Guardians, Administrators and Curators -- 3. Persons Marrying Minors Without Consent -- 4. Unworthy Persons and the Principle that No One May Derive a Benefit from His or Her Unlawful Act -- 5. Children Born out of Wedlock, Incest and Adultery -- 6. Adopted Children -- 7. Persons Witnessing, Signing or Writing Out a Will and Their Spouses -- 8. The Consequences of the Disqualification to Inherit -- Chapter 8 Invalidity of Wills Generally: Mistake, Fraud, Duress and Undue Influence -- Revocation and Revival -- 1. Invalidity Generally -- Grounds of invalidity -- The presumption of validity -- Estoppel and acquiescence -- Admissibility of evidence -- 2. Mistake -- The absence of animus testandi -- Causa -- Mistaken assumptions: Exceptions -- 3. Fraud, Duress and Undue Influence -- 4. Revocation -- Introduction -- Revocation by a subsequent will or codicil -- Revocation by destruction -- Repeal of Law 2 of 1868 (Natal) and the statutory modification of the common law effected by s 2(1)(b) of the Wills Act 7 of 1953 -- Presumption of destruction animo revocandi -- Power of the court to declare a will revoked -- Revocation by the subsequent marriage of the testator -- Revocation resulting from divorce or annulment of a marriage -- Ademption of a legacy -- Conditional revocation -- 5. The Revival of a Revoked Will -- Chapter 9 The Custody and Registration of Wills -- 1. Introduction -- 2. Custody of a Will Prior to Death -- 3. Delivery of a Will to the Master on Death -- 4. Registration and Acceptance of a Will -- 5. Registration of a Copy of a Will 6. Effect of Registration and the Rights of Interested Parties -- 7. Release of a Will by the Master -- Chapter 10 The Appointment of Heirs and Legatees: Dies, Conditions -- 1. The Appointment of Heirs and Legatees -- 2. Dies, Conditions and Modus Generally -- 3. Dies -- 4. Conditions -- General: The presumption against conditions -- Suspensive and resolutive conditions -- Potestative, casual and mixed conditions -- Divisible and indivisible conditions -- Conjunctive and disjunctive conditions -- Conditions imposed in error -- Impossible and illegal conditions and conditions contrary to public policy -- Public policy prior to the constitutional era -- Conditions contrary to constitutional values -- Vague and uncertain conditions -- Chapter 11 Vesting -- 1. Meaning of 'Vest' and Nature of the Right which Vests -- 2. Immediate and Postponed Vesting -- 3. Importance of Vesting -- Transmissibility of the interest upon death -- Acceleration of the interest upon renunciation or non-adiation -- Distribution of surplus capital and income -- Application of statutory provisions -- Jus accrescendi (right of accrual) -- Pactum successorium -- 4. Vesting of Conditional Inheritances or Bequests -- 5. Principles for Determining the Time of Vesting where Words of Futurity Occur -- Rule 1: bequest payable on a definite future date -- Rule 2: bequest payable on an indefinite future date, certain to arrive in the lifetime of the beneficiary -- Rule 3: bequest payable on an indefinite future date, not certain to arrive in the lifetime of the beneficiary -- Rule 4: intermediate interest of usufructuary nature or fiduciary nature -- Sub-rule 4(a) -- Sub-rule 4(b) -- Sub-rule 4(c) -- Rule 5: ultimate beneficiary uncertain -- Rule 6: condition of survivorship -- 6. Vesting of Interests Other than Those Consisting of a Right to Full Ownership 7. Vesting of Legacy of Choice and of Legacy Subject to a Bequest Price -- 8. Vesting under Joint or Mutual Wills -- Where the children as well as the survivor are appointed heirs -- Where the survivor is not appointed heir -- Where the survivor alone is appointed heir -- Where the survivor is sole heir or heir jointly with the children, but the property in respect of which the question of vesting arises is specially bequeathed to the children -- Chapter 12 Substitution -- 1. Meaning of Terms -- 2. Direct and Fideicommissary Substitution Distinguished -- 3. The Creation of Direct Substitutions -- 4. The Purpose, Interpretation and Effect of Direct Substitutions -- 5. Termination of Direct Substitutions -- Chapter 13 Legacies -- 1. Legacies in General -- 2. The Subject-matter of a Legacy -- General -- Bequest by a testator of his or her own property -- Bequest of a third person's property -- Bequest of property belonging to an heir or a legatee -- Bequest of property owned in common by the testator and another -- Joint disposition of property held in common -- Insurance policies -- Claims and debts -- Annuities -- Options, rights of pre-emption, rights of choice -- Occupation and residence -- Bequests subject to a condition, modus or bequest price -- Burdened property -- Risk, profits, interest -- 3. The Payment of Legacies -- 4. The Abatement of Legacies -- 5. Failure of Legacies -- Chapter 14 Accrual -- 1. General -- 2. Co-heirs and Co-legatees -- Mode of joinder as an indication of the testator's intention -- (i) Joinder re tantum -- (ii) Joinder re et verbis -- (iii) Joinder verbis tantum -- Other indications of the testator's intentions -- 3. Fiduciary Heirs and Legatees -- 4. Other Co-beneficiaries -- 5. Statutory Accrual -- Chapter 15 Fideicommissum -- 1. Definition and Nature -- 2. The Creation of a Fideicommissum 3. Requirements for a Valid Fideicommissum |
| ctrlnum | (ZDB-30-PQE)EBC30532920 (ZDB-30-PAD)EBC30532920 (ZDB-89-EBL)EBL30532920 (OCoLC)1380691398 (DE-599)BVBBV049020304 |
| edition | 3rd ed |
| format | Electronic eBook |
| fullrecord | <?xml version="1.0" encoding="UTF-8"?><collection xmlns="http://www.loc.gov/MARC21/slim"><record><leader>11324nmm a2200457zc 4500</leader><controlfield tag="001">BV049020304</controlfield><controlfield tag="003">DE-604</controlfield><controlfield tag="005">00000000000000.0</controlfield><controlfield tag="007">cr|uuu---uuuuu</controlfield><controlfield tag="008">230626s2023 |||| o||u| ||||||eng d</controlfield><datafield tag="020" ind1=" " ind2=" "><subfield code="a">9781485150039</subfield><subfield code="9">978-1-4851-5003-9</subfield></datafield><datafield tag="035" ind1=" " ind2=" "><subfield code="a">(ZDB-30-PQE)EBC30532920</subfield></datafield><datafield tag="035" ind1=" " ind2=" "><subfield code="a">(ZDB-30-PAD)EBC30532920</subfield></datafield><datafield tag="035" ind1=" " ind2=" "><subfield code="a">(ZDB-89-EBL)EBL30532920</subfield></datafield><datafield tag="035" ind1=" " ind2=" "><subfield code="a">(OCoLC)1380691398</subfield></datafield><datafield tag="035" ind1=" " ind2=" "><subfield code="a">(DE-599)BVBBV049020304</subfield></datafield><datafield tag="040" ind1=" " ind2=" "><subfield code="a">DE-604</subfield><subfield code="b">ger</subfield><subfield code="e">rda</subfield></datafield><datafield tag="041" ind1="0" ind2=" "><subfield code="a">eng</subfield></datafield><datafield tag="049" ind1=" " ind2=" "><subfield code="a">DE-2070s</subfield></datafield><datafield tag="100" ind1="1" ind2=" "><subfield code="a">Hofmeyr, G.</subfield><subfield code="e">Verfasser</subfield><subfield code="4">aut</subfield></datafield><datafield tag="245" ind1="1" ind2="0"><subfield code="a">The Law of Succession in South Africa</subfield></datafield><datafield tag="250" ind1=" " ind2=" "><subfield code="a">3rd ed</subfield></datafield><datafield tag="264" ind1=" " ind2="1"><subfield code="a">Cape Town</subfield><subfield code="b">Juta & Company, Limited</subfield><subfield code="c">2023</subfield></datafield><datafield tag="264" ind1=" " ind2="4"><subfield code="c">©2023</subfield></datafield><datafield tag="300" ind1=" " ind2=" "><subfield code="a">1 Online-Ressource (1705 Seiten)</subfield></datafield><datafield tag="336" ind1=" " ind2=" "><subfield code="b">txt</subfield><subfield code="2">rdacontent</subfield></datafield><datafield tag="337" ind1=" " ind2=" "><subfield code="b">c</subfield><subfield code="2">rdamedia</subfield></datafield><datafield tag="338" ind1=" " ind2=" "><subfield code="b">cr</subfield><subfield code="2">rdacarrier</subfield></datafield><datafield tag="500" ind1=" " ind2=" "><subfield code="a">Description based on publisher supplied metadata and other sources</subfield></datafield><datafield tag="505" ind1="8" ind2=" "><subfield code="a">Intro -- Preface to the Third Edition -- Preface to the Second Edition -- Preface to the First Edition -- Contents -- Authorities Cited with Mode of Citation -- A -- B -- C -- D -- E -- F -- G -- H -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- V -- W -- Z -- Periodicals -- Part I General -- Chapter 1 Introduction -- Chapter 2 Basic Concepts: The Legal Position of Executors, Heirs and Legatees: Adiation and Repudiation -- 1. Basic Concepts -- 2. The Legal Position of Executors, Heirs and Legatees -- 3. Election, Adiation and Repudiation (Renunciation) -- Chapter 3 Collation -- 1. Collation in General -- 2. Who is Obliged to Collate? -- 3. Who is Entitled to the Benefits of Collation? -- 4. What Benefits Must be Collated? -- 5. How is Collation Effected? -- 6. Remission and Extension of the Duty to Collate -- Part II Testamentary Succession -- Chapter 4 Testamentary Succession in General -- 1. Devolution of Property on Death -- 2. Definition and Nature of a Will and a Codicil -- 3. Joint or Mutual Wills -- 4. The Importance of the Date of Execution and the Date of Death -- 5. The Revocable Nature of a Will and Pacta Successoria -- 6. Matters Which May be Regulated by Will -- 7. Freedom of Testation -- General -- Statutory limitations on freedom of testation and maintenance claims -- Maintenance claims of children, surviving spouses and permanent life partners -- Freedom of testation and the Constitution -- Chapter 5 Formalities and the Execution of Wills, Amendments of Wills, and Incorporation by Reference -- 1. Introduction: Purpose of Formalities and Sources of Law -- 2. Wills Executed on or after 1 January 1954 in Respect of which the Testator was Alive on or after 1 October 1992 when the Law of Succession Act 43 of 1992 came into Operation -- The distinction between a signature and a mark</subfield></datafield><datafield tag="505" ind1="8" ind2=" "><subfield code="a">The will must be signed at the end thereof by the testator or by some other person in the testator's presence and by the testator's direction -- Additional requirements when the testator signs by making a mark or when an amanuensis is involved -- The signature must be made by the testator or by the other person who signs in the testator's presence and by the testator's direction or must be acknowledged by the testator and, if made by such other person, also by such other person, in the presence of two or more competent witnesses present at the same time -- If the will consists of more than one page, each page, other than the page on which it ends, must also be signed by the testator or by the person who signs on the testator's behalf anywhere on the page -- 3. Amendment of Wills -- The law prior to 1 January 1954 -- Amendments which introduce new matter and amendments which do not introduce new matter -- Amendments made prior to execution -- Amendments made subsequent to execution -- Legislation applicable to a will executed on or after 1 January 1954 in respect of which the testator died before 1 October 1992, when the Law of Succession Amendment Act 43 of 1992 came into operation -- Legislation applicable to a will executed on or after 1 January 1954 in respect of which the testator died on or after 1 October 1992, when the Law of Succession Amendment Act 43 of 1992 came into operation -- 4. Condonation Provision In Terms of Section 2(3) of the Wills Act -- Introduction -- Onus -- Document -- 'Drafted or executed' -- 'Intended to be his [or her] will' -- The relationship between the 'intention' requirement in s 2(3) and testamentary capacity -- Fraud -- Instances when s 2(3) should not have been applied -- The relationship between s 2(3) and s 2A of the Wills Act -- 5. Incorporation by Reference</subfield></datafield><datafield tag="505" ind1="8" ind2=" "><subfield code="a">Chapter 6 Capacity to make a will and to witness a will -- 1. Capacity to Make a Will -- Introduction -- Wills executed prior to 1 January 1954 -- Wills executed on or after 1 January 1954 -- 2. Capacity to Witness a Will -- Chapter 7 Capacity to Benefit under a Will or on Intestacy -- 1. Introduction -- 2. Guardians, Administrators and Curators -- 3. Persons Marrying Minors Without Consent -- 4. Unworthy Persons and the Principle that No One May Derive a Benefit from His or Her Unlawful Act -- 5. Children Born out of Wedlock, Incest and Adultery -- 6. Adopted Children -- 7. Persons Witnessing, Signing or Writing Out a Will and Their Spouses -- 8. The Consequences of the Disqualification to Inherit -- Chapter 8 Invalidity of Wills Generally: Mistake, Fraud, Duress and Undue Influence -- Revocation and Revival -- 1. Invalidity Generally -- Grounds of invalidity -- The presumption of validity -- Estoppel and acquiescence -- Admissibility of evidence -- 2. Mistake -- The absence of animus testandi -- Causa -- Mistaken assumptions: Exceptions -- 3. Fraud, Duress and Undue Influence -- 4. Revocation -- Introduction -- Revocation by a subsequent will or codicil -- Revocation by destruction -- Repeal of Law 2 of 1868 (Natal) and the statutory modification of the common law effected by s 2(1)(b) of the Wills Act 7 of 1953 -- Presumption of destruction animo revocandi -- Power of the court to declare a will revoked -- Revocation by the subsequent marriage of the testator -- Revocation resulting from divorce or annulment of a marriage -- Ademption of a legacy -- Conditional revocation -- 5. The Revival of a Revoked Will -- Chapter 9 The Custody and Registration of Wills -- 1. Introduction -- 2. Custody of a Will Prior to Death -- 3. Delivery of a Will to the Master on Death -- 4. Registration and Acceptance of a Will -- 5. Registration of a Copy of a Will</subfield></datafield><datafield tag="505" ind1="8" ind2=" "><subfield code="a">6. Effect of Registration and the Rights of Interested Parties -- 7. Release of a Will by the Master -- Chapter 10 The Appointment of Heirs and Legatees: Dies, Conditions -- 1. The Appointment of Heirs and Legatees -- 2. Dies, Conditions and Modus Generally -- 3. Dies -- 4. Conditions -- General: The presumption against conditions -- Suspensive and resolutive conditions -- Potestative, casual and mixed conditions -- Divisible and indivisible conditions -- Conjunctive and disjunctive conditions -- Conditions imposed in error -- Impossible and illegal conditions and conditions contrary to public policy -- Public policy prior to the constitutional era -- Conditions contrary to constitutional values -- Vague and uncertain conditions -- Chapter 11 Vesting -- 1. Meaning of 'Vest' and Nature of the Right which Vests -- 2. Immediate and Postponed Vesting -- 3. Importance of Vesting -- Transmissibility of the interest upon death -- Acceleration of the interest upon renunciation or non-adiation -- Distribution of surplus capital and income -- Application of statutory provisions -- Jus accrescendi (right of accrual) -- Pactum successorium -- 4. Vesting of Conditional Inheritances or Bequests -- 5. Principles for Determining the Time of Vesting where Words of Futurity Occur -- Rule 1: bequest payable on a definite future date -- Rule 2: bequest payable on an indefinite future date, certain to arrive in the lifetime of the beneficiary -- Rule 3: bequest payable on an indefinite future date, not certain to arrive in the lifetime of the beneficiary -- Rule 4: intermediate interest of usufructuary nature or fiduciary nature -- Sub-rule 4(a) -- Sub-rule 4(b) -- Sub-rule 4(c) -- Rule 5: ultimate beneficiary uncertain -- Rule 6: condition of survivorship -- 6. Vesting of Interests Other than Those Consisting of a Right to Full Ownership</subfield></datafield><datafield tag="505" ind1="8" ind2=" "><subfield code="a">7. Vesting of Legacy of Choice and of Legacy Subject to a Bequest Price -- 8. Vesting under Joint or Mutual Wills -- Where the children as well as the survivor are appointed heirs -- Where the survivor is not appointed heir -- Where the survivor alone is appointed heir -- Where the survivor is sole heir or heir jointly with the children, but the property in respect of which the question of vesting arises is specially bequeathed to the children -- Chapter 12 Substitution -- 1. Meaning of Terms -- 2. Direct and Fideicommissary Substitution Distinguished -- 3. The Creation of Direct Substitutions -- 4. The Purpose, Interpretation and Effect of Direct Substitutions -- 5. Termination of Direct Substitutions -- Chapter 13 Legacies -- 1. Legacies in General -- 2. The Subject-matter of a Legacy -- General -- Bequest by a testator of his or her own property -- Bequest of a third person's property -- Bequest of property belonging to an heir or a legatee -- Bequest of property owned in common by the testator and another -- Joint disposition of property held in common -- Insurance policies -- Claims and debts -- Annuities -- Options, rights of pre-emption, rights of choice -- Occupation and residence -- Bequests subject to a condition, modus or bequest price -- Burdened property -- Risk, profits, interest -- 3. The Payment of Legacies -- 4. The Abatement of Legacies -- 5. Failure of Legacies -- Chapter 14 Accrual -- 1. General -- 2. Co-heirs and Co-legatees -- Mode of joinder as an indication of the testator's intention -- (i) Joinder re tantum -- (ii) Joinder re et verbis -- (iii) Joinder verbis tantum -- Other indications of the testator's intentions -- 3. Fiduciary Heirs and Legatees -- 4. Other Co-beneficiaries -- 5. Statutory Accrual -- Chapter 15 Fideicommissum -- 1. Definition and Nature -- 2. The Creation of a Fideicommissum</subfield></datafield><datafield tag="505" ind1="8" ind2=" "><subfield code="a">3. Requirements for a Valid Fideicommissum</subfield></datafield><datafield tag="520" ind1=" " ind2=" "><subfield code="a">The Law of Succession in South Africa is the third edition of this highly regarded work, providing a comprehensive discussion of all aspects of the law of succession. Building upon the substantial contributions of Mr Justice Corbett and Professor Ellison Kahn, the new edition brings the law up to date and includes commentary on new developments since the last edition. The Law of Succession in South Africa provides all-new commentary on developments, especially those brought about as a result of the re-evaluation of legal positions in light of the advent of the constitution</subfield></datafield><datafield tag="700" ind1="1" ind2=" "><subfield code="a">Palekar, M.</subfield><subfield code="e">Sonstige</subfield><subfield code="4">oth</subfield></datafield><datafield tag="776" ind1="0" ind2="8"><subfield code="i">Erscheint auch als</subfield><subfield code="n">Druck-Ausgabe</subfield><subfield code="a">Hofmeyr, G.</subfield><subfield code="t">The Law of Succession in South Africa</subfield><subfield code="d">Cape Town : Juta & Company, Limited,c2023</subfield><subfield code="z">9781485107279</subfield></datafield><datafield tag="912" ind1=" " ind2=" "><subfield code="a">ZDB-30-PQE</subfield></datafield><datafield tag="999" ind1=" " ind2=" "><subfield code="a">oai:aleph.bib-bvb.de:BVB01-034283211</subfield></datafield><datafield tag="966" ind1="e" ind2=" "><subfield code="u">https://ebookcentral.proquest.com/lib/hwr/detail.action?docID=30532920</subfield><subfield code="l">HWR01</subfield><subfield code="p">ZDB-30-PQE</subfield><subfield code="q">HWR_PDA_PQE</subfield><subfield code="x">Aggregator</subfield><subfield code="3">Volltext</subfield></datafield></record></collection> |
| id | DE-604.BV049020304 |
| illustrated | Not Illustrated |
| index_date | 2024-07-03T22:13:40Z |
| indexdate | 2024-07-10T09:52:59Z |
| institution | BVB |
| isbn | 9781485150039 |
| language | English |
| oai_aleph_id | oai:aleph.bib-bvb.de:BVB01-034283211 |
| oclc_num | 1380691398 |
| open_access_boolean | |
| owner | DE-2070s |
| owner_facet | DE-2070s |
| physical | 1 Online-Ressource (1705 Seiten) |
| psigel | ZDB-30-PQE ZDB-30-PQE HWR_PDA_PQE |
| publishDate | 2023 |
| publishDateSearch | 2023 |
| publishDateSort | 2023 |
| publisher | Juta & Company, Limited |
| record_format | marc |
| spelling | Hofmeyr, G. Verfasser aut The Law of Succession in South Africa 3rd ed Cape Town Juta & Company, Limited 2023 ©2023 1 Online-Ressource (1705 Seiten) txt rdacontent c rdamedia cr rdacarrier Description based on publisher supplied metadata and other sources Intro -- Preface to the Third Edition -- Preface to the Second Edition -- Preface to the First Edition -- Contents -- Authorities Cited with Mode of Citation -- A -- B -- C -- D -- E -- F -- G -- H -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- V -- W -- Z -- Periodicals -- Part I General -- Chapter 1 Introduction -- Chapter 2 Basic Concepts: The Legal Position of Executors, Heirs and Legatees: Adiation and Repudiation -- 1. Basic Concepts -- 2. The Legal Position of Executors, Heirs and Legatees -- 3. Election, Adiation and Repudiation (Renunciation) -- Chapter 3 Collation -- 1. Collation in General -- 2. Who is Obliged to Collate? -- 3. Who is Entitled to the Benefits of Collation? -- 4. What Benefits Must be Collated? -- 5. How is Collation Effected? -- 6. Remission and Extension of the Duty to Collate -- Part II Testamentary Succession -- Chapter 4 Testamentary Succession in General -- 1. Devolution of Property on Death -- 2. Definition and Nature of a Will and a Codicil -- 3. Joint or Mutual Wills -- 4. The Importance of the Date of Execution and the Date of Death -- 5. The Revocable Nature of a Will and Pacta Successoria -- 6. Matters Which May be Regulated by Will -- 7. Freedom of Testation -- General -- Statutory limitations on freedom of testation and maintenance claims -- Maintenance claims of children, surviving spouses and permanent life partners -- Freedom of testation and the Constitution -- Chapter 5 Formalities and the Execution of Wills, Amendments of Wills, and Incorporation by Reference -- 1. Introduction: Purpose of Formalities and Sources of Law -- 2. Wills Executed on or after 1 January 1954 in Respect of which the Testator was Alive on or after 1 October 1992 when the Law of Succession Act 43 of 1992 came into Operation -- The distinction between a signature and a mark The will must be signed at the end thereof by the testator or by some other person in the testator's presence and by the testator's direction -- Additional requirements when the testator signs by making a mark or when an amanuensis is involved -- The signature must be made by the testator or by the other person who signs in the testator's presence and by the testator's direction or must be acknowledged by the testator and, if made by such other person, also by such other person, in the presence of two or more competent witnesses present at the same time -- If the will consists of more than one page, each page, other than the page on which it ends, must also be signed by the testator or by the person who signs on the testator's behalf anywhere on the page -- 3. Amendment of Wills -- The law prior to 1 January 1954 -- Amendments which introduce new matter and amendments which do not introduce new matter -- Amendments made prior to execution -- Amendments made subsequent to execution -- Legislation applicable to a will executed on or after 1 January 1954 in respect of which the testator died before 1 October 1992, when the Law of Succession Amendment Act 43 of 1992 came into operation -- Legislation applicable to a will executed on or after 1 January 1954 in respect of which the testator died on or after 1 October 1992, when the Law of Succession Amendment Act 43 of 1992 came into operation -- 4. Condonation Provision In Terms of Section 2(3) of the Wills Act -- Introduction -- Onus -- Document -- 'Drafted or executed' -- 'Intended to be his [or her] will' -- The relationship between the 'intention' requirement in s 2(3) and testamentary capacity -- Fraud -- Instances when s 2(3) should not have been applied -- The relationship between s 2(3) and s 2A of the Wills Act -- 5. Incorporation by Reference Chapter 6 Capacity to make a will and to witness a will -- 1. Capacity to Make a Will -- Introduction -- Wills executed prior to 1 January 1954 -- Wills executed on or after 1 January 1954 -- 2. Capacity to Witness a Will -- Chapter 7 Capacity to Benefit under a Will or on Intestacy -- 1. Introduction -- 2. Guardians, Administrators and Curators -- 3. Persons Marrying Minors Without Consent -- 4. Unworthy Persons and the Principle that No One May Derive a Benefit from His or Her Unlawful Act -- 5. Children Born out of Wedlock, Incest and Adultery -- 6. Adopted Children -- 7. Persons Witnessing, Signing or Writing Out a Will and Their Spouses -- 8. The Consequences of the Disqualification to Inherit -- Chapter 8 Invalidity of Wills Generally: Mistake, Fraud, Duress and Undue Influence -- Revocation and Revival -- 1. Invalidity Generally -- Grounds of invalidity -- The presumption of validity -- Estoppel and acquiescence -- Admissibility of evidence -- 2. Mistake -- The absence of animus testandi -- Causa -- Mistaken assumptions: Exceptions -- 3. Fraud, Duress and Undue Influence -- 4. Revocation -- Introduction -- Revocation by a subsequent will or codicil -- Revocation by destruction -- Repeal of Law 2 of 1868 (Natal) and the statutory modification of the common law effected by s 2(1)(b) of the Wills Act 7 of 1953 -- Presumption of destruction animo revocandi -- Power of the court to declare a will revoked -- Revocation by the subsequent marriage of the testator -- Revocation resulting from divorce or annulment of a marriage -- Ademption of a legacy -- Conditional revocation -- 5. The Revival of a Revoked Will -- Chapter 9 The Custody and Registration of Wills -- 1. Introduction -- 2. Custody of a Will Prior to Death -- 3. Delivery of a Will to the Master on Death -- 4. Registration and Acceptance of a Will -- 5. Registration of a Copy of a Will 6. Effect of Registration and the Rights of Interested Parties -- 7. Release of a Will by the Master -- Chapter 10 The Appointment of Heirs and Legatees: Dies, Conditions -- 1. The Appointment of Heirs and Legatees -- 2. Dies, Conditions and Modus Generally -- 3. Dies -- 4. Conditions -- General: The presumption against conditions -- Suspensive and resolutive conditions -- Potestative, casual and mixed conditions -- Divisible and indivisible conditions -- Conjunctive and disjunctive conditions -- Conditions imposed in error -- Impossible and illegal conditions and conditions contrary to public policy -- Public policy prior to the constitutional era -- Conditions contrary to constitutional values -- Vague and uncertain conditions -- Chapter 11 Vesting -- 1. Meaning of 'Vest' and Nature of the Right which Vests -- 2. Immediate and Postponed Vesting -- 3. Importance of Vesting -- Transmissibility of the interest upon death -- Acceleration of the interest upon renunciation or non-adiation -- Distribution of surplus capital and income -- Application of statutory provisions -- Jus accrescendi (right of accrual) -- Pactum successorium -- 4. Vesting of Conditional Inheritances or Bequests -- 5. Principles for Determining the Time of Vesting where Words of Futurity Occur -- Rule 1: bequest payable on a definite future date -- Rule 2: bequest payable on an indefinite future date, certain to arrive in the lifetime of the beneficiary -- Rule 3: bequest payable on an indefinite future date, not certain to arrive in the lifetime of the beneficiary -- Rule 4: intermediate interest of usufructuary nature or fiduciary nature -- Sub-rule 4(a) -- Sub-rule 4(b) -- Sub-rule 4(c) -- Rule 5: ultimate beneficiary uncertain -- Rule 6: condition of survivorship -- 6. Vesting of Interests Other than Those Consisting of a Right to Full Ownership 7. Vesting of Legacy of Choice and of Legacy Subject to a Bequest Price -- 8. Vesting under Joint or Mutual Wills -- Where the children as well as the survivor are appointed heirs -- Where the survivor is not appointed heir -- Where the survivor alone is appointed heir -- Where the survivor is sole heir or heir jointly with the children, but the property in respect of which the question of vesting arises is specially bequeathed to the children -- Chapter 12 Substitution -- 1. Meaning of Terms -- 2. Direct and Fideicommissary Substitution Distinguished -- 3. The Creation of Direct Substitutions -- 4. The Purpose, Interpretation and Effect of Direct Substitutions -- 5. Termination of Direct Substitutions -- Chapter 13 Legacies -- 1. Legacies in General -- 2. The Subject-matter of a Legacy -- General -- Bequest by a testator of his or her own property -- Bequest of a third person's property -- Bequest of property belonging to an heir or a legatee -- Bequest of property owned in common by the testator and another -- Joint disposition of property held in common -- Insurance policies -- Claims and debts -- Annuities -- Options, rights of pre-emption, rights of choice -- Occupation and residence -- Bequests subject to a condition, modus or bequest price -- Burdened property -- Risk, profits, interest -- 3. The Payment of Legacies -- 4. The Abatement of Legacies -- 5. Failure of Legacies -- Chapter 14 Accrual -- 1. General -- 2. Co-heirs and Co-legatees -- Mode of joinder as an indication of the testator's intention -- (i) Joinder re tantum -- (ii) Joinder re et verbis -- (iii) Joinder verbis tantum -- Other indications of the testator's intentions -- 3. Fiduciary Heirs and Legatees -- 4. Other Co-beneficiaries -- 5. Statutory Accrual -- Chapter 15 Fideicommissum -- 1. Definition and Nature -- 2. The Creation of a Fideicommissum 3. Requirements for a Valid Fideicommissum The Law of Succession in South Africa is the third edition of this highly regarded work, providing a comprehensive discussion of all aspects of the law of succession. Building upon the substantial contributions of Mr Justice Corbett and Professor Ellison Kahn, the new edition brings the law up to date and includes commentary on new developments since the last edition. The Law of Succession in South Africa provides all-new commentary on developments, especially those brought about as a result of the re-evaluation of legal positions in light of the advent of the constitution Palekar, M. Sonstige oth Erscheint auch als Druck-Ausgabe Hofmeyr, G. The Law of Succession in South Africa Cape Town : Juta & Company, Limited,c2023 9781485107279 |
| spellingShingle | Hofmeyr, G. The Law of Succession in South Africa Intro -- Preface to the Third Edition -- Preface to the Second Edition -- Preface to the First Edition -- Contents -- Authorities Cited with Mode of Citation -- A -- B -- C -- D -- E -- F -- G -- H -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- V -- W -- Z -- Periodicals -- Part I General -- Chapter 1 Introduction -- Chapter 2 Basic Concepts: The Legal Position of Executors, Heirs and Legatees: Adiation and Repudiation -- 1. Basic Concepts -- 2. The Legal Position of Executors, Heirs and Legatees -- 3. Election, Adiation and Repudiation (Renunciation) -- Chapter 3 Collation -- 1. Collation in General -- 2. Who is Obliged to Collate? -- 3. Who is Entitled to the Benefits of Collation? -- 4. What Benefits Must be Collated? -- 5. How is Collation Effected? -- 6. Remission and Extension of the Duty to Collate -- Part II Testamentary Succession -- Chapter 4 Testamentary Succession in General -- 1. Devolution of Property on Death -- 2. Definition and Nature of a Will and a Codicil -- 3. Joint or Mutual Wills -- 4. The Importance of the Date of Execution and the Date of Death -- 5. The Revocable Nature of a Will and Pacta Successoria -- 6. Matters Which May be Regulated by Will -- 7. Freedom of Testation -- General -- Statutory limitations on freedom of testation and maintenance claims -- Maintenance claims of children, surviving spouses and permanent life partners -- Freedom of testation and the Constitution -- Chapter 5 Formalities and the Execution of Wills, Amendments of Wills, and Incorporation by Reference -- 1. Introduction: Purpose of Formalities and Sources of Law -- 2. Wills Executed on or after 1 January 1954 in Respect of which the Testator was Alive on or after 1 October 1992 when the Law of Succession Act 43 of 1992 came into Operation -- The distinction between a signature and a mark The will must be signed at the end thereof by the testator or by some other person in the testator's presence and by the testator's direction -- Additional requirements when the testator signs by making a mark or when an amanuensis is involved -- The signature must be made by the testator or by the other person who signs in the testator's presence and by the testator's direction or must be acknowledged by the testator and, if made by such other person, also by such other person, in the presence of two or more competent witnesses present at the same time -- If the will consists of more than one page, each page, other than the page on which it ends, must also be signed by the testator or by the person who signs on the testator's behalf anywhere on the page -- 3. Amendment of Wills -- The law prior to 1 January 1954 -- Amendments which introduce new matter and amendments which do not introduce new matter -- Amendments made prior to execution -- Amendments made subsequent to execution -- Legislation applicable to a will executed on or after 1 January 1954 in respect of which the testator died before 1 October 1992, when the Law of Succession Amendment Act 43 of 1992 came into operation -- Legislation applicable to a will executed on or after 1 January 1954 in respect of which the testator died on or after 1 October 1992, when the Law of Succession Amendment Act 43 of 1992 came into operation -- 4. Condonation Provision In Terms of Section 2(3) of the Wills Act -- Introduction -- Onus -- Document -- 'Drafted or executed' -- 'Intended to be his [or her] will' -- The relationship between the 'intention' requirement in s 2(3) and testamentary capacity -- Fraud -- Instances when s 2(3) should not have been applied -- The relationship between s 2(3) and s 2A of the Wills Act -- 5. Incorporation by Reference Chapter 6 Capacity to make a will and to witness a will -- 1. Capacity to Make a Will -- Introduction -- Wills executed prior to 1 January 1954 -- Wills executed on or after 1 January 1954 -- 2. Capacity to Witness a Will -- Chapter 7 Capacity to Benefit under a Will or on Intestacy -- 1. Introduction -- 2. Guardians, Administrators and Curators -- 3. Persons Marrying Minors Without Consent -- 4. Unworthy Persons and the Principle that No One May Derive a Benefit from His or Her Unlawful Act -- 5. Children Born out of Wedlock, Incest and Adultery -- 6. Adopted Children -- 7. Persons Witnessing, Signing or Writing Out a Will and Their Spouses -- 8. The Consequences of the Disqualification to Inherit -- Chapter 8 Invalidity of Wills Generally: Mistake, Fraud, Duress and Undue Influence -- Revocation and Revival -- 1. Invalidity Generally -- Grounds of invalidity -- The presumption of validity -- Estoppel and acquiescence -- Admissibility of evidence -- 2. Mistake -- The absence of animus testandi -- Causa -- Mistaken assumptions: Exceptions -- 3. Fraud, Duress and Undue Influence -- 4. Revocation -- Introduction -- Revocation by a subsequent will or codicil -- Revocation by destruction -- Repeal of Law 2 of 1868 (Natal) and the statutory modification of the common law effected by s 2(1)(b) of the Wills Act 7 of 1953 -- Presumption of destruction animo revocandi -- Power of the court to declare a will revoked -- Revocation by the subsequent marriage of the testator -- Revocation resulting from divorce or annulment of a marriage -- Ademption of a legacy -- Conditional revocation -- 5. The Revival of a Revoked Will -- Chapter 9 The Custody and Registration of Wills -- 1. Introduction -- 2. Custody of a Will Prior to Death -- 3. Delivery of a Will to the Master on Death -- 4. Registration and Acceptance of a Will -- 5. Registration of a Copy of a Will 6. Effect of Registration and the Rights of Interested Parties -- 7. Release of a Will by the Master -- Chapter 10 The Appointment of Heirs and Legatees: Dies, Conditions -- 1. The Appointment of Heirs and Legatees -- 2. Dies, Conditions and Modus Generally -- 3. Dies -- 4. Conditions -- General: The presumption against conditions -- Suspensive and resolutive conditions -- Potestative, casual and mixed conditions -- Divisible and indivisible conditions -- Conjunctive and disjunctive conditions -- Conditions imposed in error -- Impossible and illegal conditions and conditions contrary to public policy -- Public policy prior to the constitutional era -- Conditions contrary to constitutional values -- Vague and uncertain conditions -- Chapter 11 Vesting -- 1. Meaning of 'Vest' and Nature of the Right which Vests -- 2. Immediate and Postponed Vesting -- 3. Importance of Vesting -- Transmissibility of the interest upon death -- Acceleration of the interest upon renunciation or non-adiation -- Distribution of surplus capital and income -- Application of statutory provisions -- Jus accrescendi (right of accrual) -- Pactum successorium -- 4. Vesting of Conditional Inheritances or Bequests -- 5. Principles for Determining the Time of Vesting where Words of Futurity Occur -- Rule 1: bequest payable on a definite future date -- Rule 2: bequest payable on an indefinite future date, certain to arrive in the lifetime of the beneficiary -- Rule 3: bequest payable on an indefinite future date, not certain to arrive in the lifetime of the beneficiary -- Rule 4: intermediate interest of usufructuary nature or fiduciary nature -- Sub-rule 4(a) -- Sub-rule 4(b) -- Sub-rule 4(c) -- Rule 5: ultimate beneficiary uncertain -- Rule 6: condition of survivorship -- 6. Vesting of Interests Other than Those Consisting of a Right to Full Ownership 7. Vesting of Legacy of Choice and of Legacy Subject to a Bequest Price -- 8. Vesting under Joint or Mutual Wills -- Where the children as well as the survivor are appointed heirs -- Where the survivor is not appointed heir -- Where the survivor alone is appointed heir -- Where the survivor is sole heir or heir jointly with the children, but the property in respect of which the question of vesting arises is specially bequeathed to the children -- Chapter 12 Substitution -- 1. Meaning of Terms -- 2. Direct and Fideicommissary Substitution Distinguished -- 3. The Creation of Direct Substitutions -- 4. The Purpose, Interpretation and Effect of Direct Substitutions -- 5. Termination of Direct Substitutions -- Chapter 13 Legacies -- 1. Legacies in General -- 2. The Subject-matter of a Legacy -- General -- Bequest by a testator of his or her own property -- Bequest of a third person's property -- Bequest of property belonging to an heir or a legatee -- Bequest of property owned in common by the testator and another -- Joint disposition of property held in common -- Insurance policies -- Claims and debts -- Annuities -- Options, rights of pre-emption, rights of choice -- Occupation and residence -- Bequests subject to a condition, modus or bequest price -- Burdened property -- Risk, profits, interest -- 3. The Payment of Legacies -- 4. The Abatement of Legacies -- 5. Failure of Legacies -- Chapter 14 Accrual -- 1. General -- 2. Co-heirs and Co-legatees -- Mode of joinder as an indication of the testator's intention -- (i) Joinder re tantum -- (ii) Joinder re et verbis -- (iii) Joinder verbis tantum -- Other indications of the testator's intentions -- 3. Fiduciary Heirs and Legatees -- 4. Other Co-beneficiaries -- 5. Statutory Accrual -- Chapter 15 Fideicommissum -- 1. Definition and Nature -- 2. The Creation of a Fideicommissum 3. Requirements for a Valid Fideicommissum |
| title | The Law of Succession in South Africa |
| title_auth | The Law of Succession in South Africa |
| title_exact_search | The Law of Succession in South Africa |
| title_exact_search_txtP | The Law of Succession in South Africa |
| title_full | The Law of Succession in South Africa |
| title_fullStr | The Law of Succession in South Africa |
| title_full_unstemmed | The Law of Succession in South Africa |
| title_short | The Law of Succession in South Africa |
| title_sort | the law of succession in south africa |
| work_keys_str_mv | AT hofmeyrg thelawofsuccessioninsouthafrica AT palekarm thelawofsuccessioninsouthafrica |