Topic 3

Question 1

define testate succession

Answer 1

Legal rules or norms that regulate the devolution of a deceased person’s estate on one or more persons according to the testator’s wishes as expressed in a will

Question 2

what is a thorough definition of a will

Answer 2

• A written,
• unilateral,
• voluntary,
• deliberate,
• revocable
• expression in a legally prescribed way which disposes of a competent testator’s property on their death

Question 3

what is Wills act definition of a will

Answer 3

s1
‘will’ includes a codicil and any other testamentary writing

Question 4

what are the basic requirements for a valid will

Answer 4

1. animus testandi
2. volition / choice

Question 5

what is volition

Answer 5

If a document does not express the testator’s own free will – the document is not considered a Will.

Question 6

what is the consequence if the will does not comply with the requirement of animus testandi

Answer 6

invalid ab initio
= invalid from the beginning

Question 7

what does a testementary writing mean

Answer 7

a document containing any one of the following
1. The identity of the property bequeathed.
2. The extent of the interest bequeathed – ownership, usufruct, fideicommissum.
3. The identity of the beneficiary.