MRS NC TLALI

LAW OF SUCCESSION

2017

successionuz.blogspot.co.za

class notes 08.02.2017

INTRODUCTION

The law pf succession forms part of private law. It comprises of legal rules that determine what should happen to a persons estate after his of her death. The rules of succession identify the persons entitled to succeed the deceased ( the beneficiaries)and the extent of the benefits (inheritances or legacies) they are to receive.

The rules also determine the rights and duties that persons e.g. beneficiaries and creditors may have in the deceased estate.

Succession may take place in the three ways:

1.In accordance with a valid will, that is testamentary succession “successio ex testamento”

2.Through the operation of the law of intestate succession in the absence of a valid will, that is “successio ab intestato or successio legitima”

3.In terms of a contract or agreement that is “successio ex contractu or pactum successorium”

LEGISLATION

INTESTATE SUCCESSION ACT 81 OF 1987

•ADMINISTRATION OF ESTATES ACT 66 OF 1965

•WILLS ACT OF 1953

•BLACK ADMINISTRATION ACT 38 OF 1927

•CHILDREN’S ACT 38 OF 2005

  THE LIST GOES ON

SUCCESSION

DEFINITION: A body of rules which govern the transfer and distribution of assets of the deceased to those beneficiaries entitled to received.

When a person dies everything that remains of his assets after debts, other obligations and administrative costs have been claimed passes by inheritance to people qualified to succeed him.