succ; modus/dies cedit/venit

Question 1

o What is the importance of dies cedit?

Answer 1

• Determines whether right is transmissible to beneficiary’s heirs, and whether acceleration or accrual can take place.
• Acceleration: ability to bring benefits forward
• Accrual: CF later in semester

Question 2

o When do dies cedit and venit usually occur?

Answer 2

Testator can use clauses in his will to postpone dies cedit, dies venit or both. However, often occur automatically

Question 3

o TIME CLAUSES

Answer 3

These are events that are CERTAIN TO OCCUR.

• Because of the certainty and we know it will occur, there is an immediate vesting of rights → dies cedit immediately.
• The enjoyment (dies venit) may either be SUSPENDED to or TERMINATED at the specified time. This depends on the wording of the clause.

Question 4

o CONDITIONS

Answer 4

These are events that are UNCERTAIN TO OCCUR.

• Typically characterised by ‘if’ or ‘should’ but it depends on the intention of the testator.
• Whether it suspends or terminates the benefit depends on the wording of the clause.

Question 5

suspensive condition

Answer 5

Eg. I leave my house to my son IF he gets an LLB degree.
- Benefit SUSPENDED until uncertain future event occurs.
→ this is called a suspensive condition.
→dies cedit et venit postponed / suspended.

Question 6

resolutive condition

Answer 6

Eg. I leave my house to my wife but SHOULD she remarry it shall go to my son.
-Benefit TERMINATED if uncertain future event occurs.
→this is a resolutive (terminative) condition.
→dies cedit et venit happen immediately but terminate if uncertain event occurs.

Question 7

o Nude prohibition

Answer 7

• Resolutive (terminative) conditions only valid if testator nominates somebody else to take the property should the beneficiary contravene the prohibition.
• I leave my house to my wife until she remarries.
• What happens if she remarries? Does the asset go to residue or intestate? If not specified, nude prohibition, and beneficiary takes the benefit without the condition.
• If no substitute beneficiary named, the condition falls away and the beneficiary takes the benefit without the condition.

Question 8

o MODUS

Answer 8

i.e webb v Davies

A modus is an obligation attached to a bequest

Question 9

Webb v davis

Answer 9

1. common law presumption of immediate vesting
2. modus over condition
3. presumption against conditional bequests