LAW OF SUCCESSION TOPIC 1 SOURCES

Question 1

Wills Act 7 of 1953

Answer 1

Testamentary Capacity: The Act defines testamentary capacity as the legal and mental ability needed to create a valid will. It requires individuals to be of sound mind and at least 16 years old to make informed decisions about asset distribution.

Formal Requirements for a Valid Will: The Act specifies formalities for a will to be valid, including being in writing, signed by the testator and witnesses, and witnessed by competent witnesses.

Revocation and Amendment of Wills: The Act allows for the cancellation or modification of wills through the creation of a new will, physical destruction of the existing will, or the execution of a codicil.

Intestate Succession: In the absence of a valid will, the Act determines rules for intestate succession, outlining how the deceased’s estate will be distributed among surviving family members.

Disqualification and Forfeiture: The Act addresses disqualifications and forfeitures related to wills, such as witnesses not being able to benefit from the will they sign.

Judicial Interpretation and Disputes: The Act allows for judicial interpretation of wills and provides a framework for resolving disputes regarding will validity or interpretation, such as lack of testamentary capacity or undue influence.