Study Unit 1.3: Requirements for succession

Question 1

Discuss the position of the unborn foetus, as an apparent exception to the mentioned requirement (s 2D)
Section 2D(1)(c) of the Wills Act

Answer 1

Nasciturus fiction - An unborn child/ posthumous child of the deceased will also inherit along with any other living child of the deceased provided that he/she was conceived at the time of the deceased’s death and is subsequently born alive.

Question 2

Analyse the position of the so-called “commorientes” in the case Ex parte Graham and
the principles set out therein

Answer 2

If a person dies before or simultaneously- cannot inherit.
If the sequence cannot be proven on a balance of probabilities