STUDY UNIT 1

Question 1

RULES OF SUCCESSION

Answer 1

-rules of succession identify the persons entitled to inherit and the text of the benefits they are to receive.
-also determines the rights and duties persons may have on the deceased’s estate.

Question 2

SUCCESSION MAY TAKE PLACE IN THREE WAYS:

Answer 2

1. in accordance with a valid will.
2. through the operation of the law of intestate succession in the absence of a valid will.
3. in terms of a contract or agreement.

Question 3

COMMON LAW NOTION OF THE FREEDOM OF TESTATION

Answer 3

the testator could, of course, indicate in his or her will which law should apply.

Question 4

GROUND RULES FOR SUCCESSION

Answer 4

1. person must have died.
2. transfer of right and/or duties.
3. beneficiary must at the time of dies cedit be alive or have been conceived.
4. beneficiary must be competent to inherit

Question 5

DIES CEDIT

Answer 5

is the time in which a beneficiary obtains a vested right.

Question 6

DIES VENIT

Answer 6

is the time in which the beneficiary’s vested right that occurred with dies cedit, becomes enforceable.