Chapter 10 - Content of wills: Substitution, usufruct and accrual

Question 1

Substitution

Answer 1

Substitution occurs when a testator appoints a beneficiary to inherit and, at the same time, appoints another beneficiary to take the place of the first-mentioned beneficiary.

Question 2

Direct substitution

Answer 2

Direct substitution occurs when a testator names a substitute or a series of substitutes who are to inherit if the heir or legatee named to benefit in a will does not inherit.

Question 3

Fideicommissum, fiduciary and fedeicommissary

Answer 3

A fideicommissum occurs when a testator directs that a series of beneficiaries are to own their whole estate, part of it, or specific assets one after the other. The first heir is known as the fiduciary and the succeeding beneficiary is the fifeicommissary

Question 4

Fideicommissum residui

Answer 4

A fideicommissum residui occurs where the property is left to a fiduciary subject to the provision that as much of it as may be left at the time of his or her death is to devolve on another person

Question 5

Usufruct

Answer 5

A usufruct occurs when ownership is bequeathed to one person, but the right to use, enjoy and take the fruits of the property is bequeathed to another.

Question 6

Accrual or the right of accrual

Answer 6

The right of accrual is the right that co-heirs or co-legatees have of inheriting the share that their co-heir or co-legatee cannot or does not wish to receive.