30/09/20Ls

Adiation or Repudiation
tr Executor: Did beneficiary accept benefit?
tr Beneficiary always has

a choice

Choice:

n Adiation

= acceptance

of benefit

E Repudiation = renunciation of benefit

Choice = "election"

&

Adiation or Repudiation
Election

-:.

Dies_cedit (or within

reasonable time)

.:'

entire benefit

:,with obligations

modus

.i'Election is final

.: Except if ignorant
to rights

Adiation or Repudiation

Adiation or Repudiation
l-n"oroiJonl,

"r."*

Adiation

o Assume adiation
|

unless repudiation

o Writing: obligation
o Writing: disposed of
beneficiaryt assets

Adiation or Repudiation

30/0s/2o7s

Types of Wills

Types of Wills

++Regarded as multiple Wills

++own assets
'*can change without knowledge
*'Executed onlv once

1
Types of Wills
Er:::ooo
ooo
ooo
6oc
of ioint Will
**own assets

"Type

"l bequeath my farm to

"l bequeath my estate to my wife

my wife X, and she must

X"

give her car to my son Y"

Written adiation or
written repudiation

,.
is

Written repudiation or
required

required

o% 0%

r:
o%

-st--=I.elr:FI
is

written repudiation or
informal adiation

is

Written adiation or
informal repudiation

is

required

required

informal adiation

Written adiation or
written repudiation

is

required

Written adiation or
informal repudiation
required

is

o% o% o%
"1=:A=5-\

30/09lzOLs

"We, Abel and Belinda, bequeath our respective

estates as follows: Abel's assets to his children
and Belinda's assets to her mother"

"We, Abel and Belinda, bequeath our

respective estates to the survivor of us"

Joint Will
Single Will

Mutual Will

o%

ov"

o%

o%

o%

o%

Massing of Estates

Massing of Estates

o Election

by survivor

o Accepting a benefit

or part of their estates

from first-dving
B Disposing of
consolidated assets

Massed estate = disposal of own assets of testator +

assets of suruivinB testator

Massing of Estates

Massing of Estates

their estates
and stipulate that the
family home will 8o to the
X and Y mass

survivor and the residue

to the q!i!g!91 in equal
sha res

survivor adiates

.
.

unlimited riSht in house (i.e

residue)

l'

maY dispose

etc)

No rights ln residue (loses ownership in assets

included in
Election (choice) to adiate or repudiate

I.:.;

30/09/20ts

Massing of Estates
their estates
and stipulate that the
family home will go to the

Massing of Estates

X and Y mass

survivor and the residue

to the children in equal

l"o

T and W mass their assets and determine that at death of

the first dying the massed estate will pass to their son,
subiect to a lifelong usufruct in favour of the suruiving
spouse

shares

l'

Massinggdyoccurs

upon adiation
Survivor only has

!!Elle!Lrisht

a"

a The survivor, upon adiation gives away ownership in

own estate
, but retains limited interest of some kind in massed
estate
a Limited interest = usufructory

Massing of Estates

Massing of Estates
their estates and determine that massed
assets will go to the survivor at the death of the first dying,
and at the death of the surviving spouse, to their children in

T and W mass

equal parts

The survivor, upon adiation gives away ownership in

own estate
but retains limited interest of some kind in massed
estate

Limited interest = fiduciary

"We hereby stipulate that our respective estates be massed

into one consolidated unit upon the death of the first dying
of us. The massed estate must devolve in trust to our trustee
Mr X. The survivor will be the income beneficiary. Capital
beneficiaries are our children in equal shares..."

The survivor, upon adiation gives away ownership in

own estate

,
,

but retains limited interest of some kind in massed

estate
Limited interest = income beneficiary

Massing of Estates

amend or revoke
mutual will
a Survivor may NOT
execute will in conflict
with mutual will
Beneficiaries can claim
benefits upon death of
1't dying (Joubert v

a Suruivor may

NOT
receive any benefit from
massed estate

Ruddock)

Survivor retains own

estate and may dispose
of lt
Mutual Will only relates
to assets of 1't dying

Massing of Estates

o
,
,

Attie and Lcttie married in community of property

occupied propertv with 2 housesi "old" house and "new" house
Mutual Will: upon death of 1ltdVlng, property must be subdlvided.
One portion must have old house and one portion must have new

Old house bequeathed to couple's son Archie; new hou5e

house

to Ethyl

(Attie's daughterfrom previous marrlage). usufructin favourof

SUruNOI

, Aftieisthindylng

30/Oe/20rs

Massing of Estates

Facts

,
,
,
d
,

lcontinuedl:

The erecutor ofAtie! esble, awarded the prcperty as follows:

, Old hous.i N undivlded shar to Lenie .nd X undivided shar. to Archle
, New hous.:){ undidded share to Lefri. .nd X undivid.d 3h.. ao Ethyl
Laier Lettie drafted will in which she bequeathed her X undivided shares
ln new house to her 5on Charls Stubbs (from previous marriage) and her
X undivided shares in old house lo Archie

Letie dled 1959

EUT Pniel Municipality gives sole ri8ht of occupation to Etlryl
Later: Ethyl subdivides new house (A and B) and once again obtaans sole
rlght of occupancy ol both suMivisionj