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LAW OF SUCCESSION EXAM NOTES

DISTINCTION NOTES LEARNING UNITS 1-6

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Summary LAW OF SUCCESSION - Learning unit 1: Introduction to The South African Law of Succession

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• What is the law of succession? What are the three types of succession? • What differentiates testate succession from intestate succession? • What is the purpose of the rules of succession? • What is the difference between common law of succession and customary law of succession? • H...

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Summary LAW OF SUCCESSION - Learning unit 2: The Law of Intestate Succession

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• Distinguish between various important concepts applicable to the law of succession; • Know when the rules of intestate succession come into operation; • Apply the appropriate section of the Intestate Succession Act to any one of the possibilities that may arise in intestate succession.

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Summary LAW OF SUCCESSION - Learning unit 3:The Law of Testate Succession

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The concept of freedom of testation will be examined and whether or not it can be expressed by anyone other than the testator. You will also study the formalities for the execution of a will as provided for in section 2 (1) of the Wills Act 7 of 1953, what are the consequences and possible remedies ...

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Summary LAW OF SUCCESSION - Learning unit 4:Capacity to inherit and Contents of a Will

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Categories of beneficiaries to who qualify and are disqualified from benefiting from the deceased’s estate. You will also study the contents of a will, which places emphasis on the unlimited freedom of testation of the testator to dispose of his estate as he wishes, resulting in varying contents

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Summary LAW OF SUCCESSION - LEARNING UNIT 5: Joint/Mutual Wills, Adiation/Repudiation/Election, Massing of Estates and Accrual, Succession by Contract; Interpretation and Rectification of Wills

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A mutual Will usually includes massing of estates. This has a direct bearing of the distribution of the estate, more so where the survivor of the Will elects to either repudiate or adiate the benefit. The first theme in this learning unit examines the characteristics and legal consequences of joint ...

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Summary LAW OF SUCCESSION - Learning unit 6:The Administration of Deceased Estates

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The administration of deceased estates is the process of winding up the affairs/estate of the deceased and ensuring that his testamentary directions are carried out. You will also study the functions of the Master and the Executor of the deceased estate, in the winding up process.

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