adoption fiction (to ace] emendment enimus revocond crmhair evidence cwcendants atestotion douse beneficiaries IMPORTANT TERMINOLOGY ‘The aim of this summary sto supply you with an eiyy-to-use referen of the terminology in this study gue tn uther words, it is a | definitions which you should know when you have completed your of the law of succession. This list is an excellent means to check weth know all the definitions once you have completed your study of the 1 Please note thar a reference cv the male form inclades the | form. 1@F Please note that some of the delinitions ure very brief as th not, stricely speaking, belong 10 the subjece area of the | succession (For example, aspects relating ¢0 law of evidence, law, usufrace, ete). In some instances, there may therefore be a short explanation of that which will be supplied co you relevant subject T2F Note also tha the definitions supplied here ase in alpha otder and not in the order thar diey are used in che study g takes place if a testator voluntarily alicnates the objece of a le his lifetime, ie the legacy lapses acceptance of a benefit erlineation, (Amendment he deletion, addition, alteration ot distinguished from rectification deletes or changes something. in a will hecause the cestator had which rakes place when a cou mistake when making the will.) the intention to revoke a will the evidence which the court uses to place itself in the pos which the testator was at the time of the making of the will by attention to all che relevane facts and circumstances which were to the testator ancestors of the deceased, ie mother, Father, grandmother, grat other words, anybody in the ascending (upwards) relationship) a clause thac appears at the end of « will in which ie is declared vd in cach ocher's presence the parties were present anc sig the persons who upon whom the assets in « deceased person devolve. Beneficiaries may be cither heirs or legatees. Acies cedit hos vent iret substution Ce esate ‘vection xortor extrinsic evidence fidsicommisery swbstitution fideiconmissum fideicommissum resid the time when a beneficiary gets a vested right to claim delivery of the bequeathed benefit unconditionally (wherher or nor the exercise o this right is delayed until some future dace which is certain to arrive). Dies sedit is che technical cerm used co describe the moment in time L when the beneficiary acquires a vested the time whea the beneticiary’s right co claim delivery of che bequeathed benefic becomes enfureeable. tn short, dies venit is: the time when a beneficiary may enjoy the property which he or she ha inherited or the day when delivery of the benefit has to take place occurs where a testator names a substitute oF even a whole series 0 substitutes who are £0 inherit if che instituted heir ot legatee does no inherit: for example, if the insticucee heir or legate repudiates or i incompetent to take a benefit undler the will or dies before che testator tution in che alternative. Direct substicution is subs consists of both the assets and che liabilities che deceased had at th time of his death, The estate therefore consists not only of assets bu also of any debts tha the deceased ad incurred before his death. Th pare of the deceased's estate whic ss, administration cost residue of the estate refers co tha remains after the payment of funcral expe tax, the deceased’s debes and the legacies the process whereby the cestator ancl other parties comply with all th formalities required to bring a valid will into existence the person who administers the estate of a deceased evidence outside the document itself, in other words evidence of fac which do not appeer from the documene itself occurs where a cestator directs in his or her will chat, after his or h death, a series of successors (heirs or legatees) are co inherit his or h whole estate or part of it, or specific assets, so that the bequest pass from one successor to another. ‘The different successors thus inher the same benefit one after the ocher. ‘The first successor is called “fiduciary”, and every beneficiary to whom he ot she must transm the bequeathed benefit after a certain cime or upon che fulfilment of certain condition is called a "fideicommissary”. When a testator leaves property (almost always material corpor: chings) to a fidaciary, subject to the burden of handing it over in f ownership to a fideicommissary at a certain cime or upon ¢ fulfillment of a condition where property is lefe to a benoficiary, subject to the condition that much of it as may be left at the time of the beneficiary's death is devolve upon another personfoxmoliies freedom of testation heir incompotent intestoe sucesson iin wit lutte et law of intstte session low of sucesson logatoo ‘masa woes outer lust ac the formal legal requirements to which a document mas comply in order to be valid the freedom of a person to execute a valid will in order to govern the transmission and use of assets, and to govern che activities and lives of others after his death a person who inherits all the assets, or a share of che assets, or the residue of the estate. The benefit the person inherits is known as an inheritance, when che law regards @ person as not competent to inherit from a testator because of circumstances, for example, if a person had murdered the testator succession through the operation of the law of intestate succession, which regulates succession in cases where the deceased has omitted to do where ewo or more tescacors have set out their respective wills in che same document an act which is intended co create or alter rights and obligations; an act to which the law attaches at least some of the consequences envisaged by the acting party or parties identifies che heirs to a deceased estate when the deceased has failed co regulate the devolution of his or her estate by will or anteauptial contract, or where it is impossible to carty out the wishes of the deceased because the beneficiaries are, for example, unable to inherit, do not wish to inherit or are predeceased. comprises those legal rules o norms which regulate the devolution of a deceased person's estate upon one or more persons. The law of succession is concerned with what happens to a deceased person’s estate after his death. the person who inherits a specific asset or a specific sum of money. A bequest of a specific asset or sum of money is known as a legacy. tales place when the whole or portions of the estates of various teseators are consolidated into one economic unit for the purposes of a testamentary disposition by the testators jointly 4 qualification added co @ gift or testamentary disposition, whereby che person benefitted is required to devote the property he or she receives, or the value thereof, in whole or in part to a specific purpose a juristic act which is performed through the cooperation of two or more persons |Tn mute will udm proecepte ental per capt over of psininent powar of assumption prelegary pro non sripto provision redifcaion representetion repuditon (orepudioe) right of exruat si sin libris decessart clause sings substittion sai generis where two of more testators have conferred benefits om each other in the same will provision lacking any sane (on, mun waperatne provision every group of parenrs and chew levecielauts Constitute a parental inheritance in equal shares the power co appoint cerrain hencticiaries as hers oF legatees given 10 someone else by the testator the capacity given 0 an isting trustee 4» appoine addieional trustees (verb: assume) a special bequest which, ner texrumentany Instructions enjoys preference over all other bequest» never written che general term for clauses in a will where the cescasor has mad provision for bequests, conditions, Filicommsty ete: 7 be distia guished from condition. cakes place when a court aces, deetes or ehanges something in aw’ because the testator had r nistake when making the will and el ill does noe reflect his intention correctly when an heir ia the direct Hine of «lescendants replaces his ancestor the heir refusal to accept @ benefit the tight of an het of Teyarce ta inert dhe bequeathed Benefits wh sec teie or corlegatee refuses w inhrit of fx incompetent t0 iahe clause that stipulaces chat is hencticiary ies without children (# liberia deceserit) afver the eestates the profperty, ANSE pass £2 & a party every descendant of the deceascal wh survives the deceased and/ predeceased descendant of the skvened whe Teaves living des dants forms a stirps takes place when a testacor appoints « beneficiary to inherit be vad at the same time appoints another beuciciary t0 take the pla the first-mentioned beneficiary. Substitution may take place eich the alternative (direct substitution) or one beneficiary afecr an (fideicommissary substitution). of its own kindsaniverhoivng se sspensve condition suspansive time danse ‘erminativ [resolutve) condition tecmintive time cuss Testomentary cpay lest or testamentary sucession testamentary writing time douse Trevhand nest refers to the spouse who is still living after che first-dying spouse's death Ifa bequest is made subject to a suspensive condition, the beneficisty does not get a vested finally established right to the benefit unless and until a particular uncertain furure event cakes place ‘A bequese subject to a suspensive time clause 1s a bequest where the beneficiary will receive the benefit only at a certain future time, 'A bequest subject to a terminative condition is onc in which the bequest is made to terminate if a particular uncertain future event of affairs takes place. ‘A bequest subject to « terminative (resolutive) time clause is one in which the beneficiaries’ sights are terminated when a certain cime arrives. capacity to make a will. Every person of the age of sixteen yeers oF more may make a will unless at the time of making the will he is mentally incapable of appreciating the nature and effect of his acts the burden of proof that he was mentally incapable at that time shall rest ‘on the person alleging the same. occuts when succession is regulated by a valid will in which the testator provides how succession to his or her estate is to take place a document which defines any one of the three essential elements of « bequest: (A) the property bequeathed (2) the extent of the interest bequeathed (3) the beneficiary If a bequest is subject to a time clause, it is subject to an event that will certainly happen in the fuewre, although it may be certain or uncertain when it will active to be the entieled party, not for oneself but for another or for a particular impersonal purpose for purposes of che Trust Property Control Act, it is the arrangement through which the ownership in property of one person is by virtue of « trast instrument made over or bequeathed {a) to another person, the trustee, in whole or in part, to be administered ot disposed of according to the provisions of the trust instrament for the bencfic of the person or class of persons designated in the trust instrament or for che achievement of the object stated in che trust instrument; or« CS ais (b) to the beneficiaries designated in the trust instrament, which property is placed uncer the control of another person, the trustee, to be administered or disposed of according co the provisions of the trust instrument fur the benotin ol she peeson or class of persons designated in the trust instrument ot tor the achievement of the object stated in the trust instrument, but docs not include the case where the property of anorher is 1 be administered by any person as executor, tutor or curator in terms of the provisions of the Administration of Estates Act (6 of 1965, tut for av impersonal a crust which is intended to he used for charitable purposes purpose ‘rst instrument a written agreement, a testamentary writing oF a court order in cerms of which a trust was created ‘uxcenitonal (absolute) a bequest in which the testator leaves property to the beneficiary bequest without any conditions aetached unital jrstic oc a juristic act performed by the activity of only one person setae a personal servitude (ie a Limited! real right) that occurs where a testator bequeaths ownership of a ching ce one person (the dominus ox “remainder man”), and the right 1 use the ching, co take ies fruits and to enjoy the thing, to someone else (the usiefructuary)