Lecture 7: Notes p33 – p35

❑Revocation
❑Substitution
❑Adiation and Repudiation
❑Competent heirs / beneficiaries
 Testate Succession
Revocation
Explicit ❑ Execution of a subsequent will
with a revocation clause
❑ Destruction of a will

Implicit ❑ Second / later will: provision in

conflict with earlier will
❑ Conflicting provisions not
reconcilable: later will regarded as
valid will

Automatic Expiry – NB! Section 2B

 Testate Succession
Automatic Expiry – Section 2B
❑ Existing marriage dissolved by divorce/annulment
❑ Will loses validity in respect of former spouse if testator dies
within 3 months of dissolution of marriage
❑ Spouse deemed to have predeceased testator in respect of
execution of Will
❑ If testator dies more than 3 months after marriage ended: Will
valid in entirety
❑ Unless Will provides otherwise
Question
• E died on 24 May 2020 and left a valid Will. The value of the
estate is R5 000 000. According to the will dated 1 January 2020
he bequeathed R 1 000 000 to his spouse, V, and the balance in
equal shares to their three children A, B and C.

• Discuss the consequences of the divorce on the execution of

E’s will with regard to V’s entitlement to inherit, if the divorce
order was granted on 29 March 2020.

• Discuss the consequences of the divorce on the execution of

E’s will with regard to V’s entitlement to inherit, if the divorce
order was granted on 29 January 2020.
Answer
❑ Discuss the consequences of the divorce on the execution of E’s will with regard to V’s entitlement to inherit, if the
divorce order was granted on 29 March 2020.

❑ Section 2B of the Wills Act applies

❑ The testator’s marriage was disolved by divorce; and
❑ The testator (E) died within 3 months of the dissolution of the marriage
❑ The testator’s Will loses its validity in respect of former spouse (V)
❑ The former spouse (V) is deemed to have predeceased testator (E)
❑ The Will does not provide otherwise, therefore the former spouse (V) will not inherit
❑ Discuss the consequences of the divorce on the execution of E’s will with regard to V’s entitlement to inherit, if the
divorce order was granted on 29 January 2020.

❑ Section 2B of the Wills Act does not apply

❑ The testator’s marriage was disolved by divorce; BUT
❑ The testator (E) died more than 3 months after the dissolution of the marriage
❑ The will is valid in all respects in respect of the former spouse
❑ Therefore the former spouse (V) will inherit
 Testate Succession
Substitution
Testator appoints beneficiary to inherit but
Direct simultaneously nominates another beneficiary
to take place of appointed beneficiary upon
occurrence of event, such as death

Section 2C(1) provides that if descendent who Descendant and

Statutory Accrual – 2C(1) is entitled to benefit together with surviving spouse and
spouse renounces right (repudiates) – benefit
vests in surviving spouse
Repudiation of
benefit by
descendant
Section 2C(2) provides that where a descendant
Statutory Representation is disqualified, predeceased or renounces All other
– 2C(2) (repudiates) – his descendants shall represent
him per stirpes
instances not
under 2C(1)
Question
E died on 24 May 2020 and left a valid will. The value of the estate is R5 000 000.
According to the will dated 1 January 2016 he bequeathed R 1 000 000 to his
spouse, V, and the balance in equal shares to their three children A, B and C. A
immediately repudiated his benefit. A has three children M, N and O.

❑ Discuss the effect of A’s repudiation on the distribution of E’s estate. No

calculations are required.

❑ Discuss the effect of A’s repudiation on the distribution of E’s estate, if you
accept for purposes of this question that V was predeceased at the time when E
passed away? No calculations are required.
Answer
❑ Discuss the effect of A’s repudiation on the distribution of E’s estate. No calculations are required.

• Section 2C(1) of the Wills Act applies

• If any descendant inherits together with the surviving spouse

• and renounces his benefit / inheritance

• such benefit shall vest in the surviving spouse

• V will receive A’s benefit

❑ Discuss the effect of A’s repudiation on the distribution of E’s estate, if you accept for purposes of this question that V was
predeceased at the time when E passed away? No calculations are required.

• Section 2C(2) of the Wills Act applies

• Descendant repudiates and there is no surviving spouse

• He will be represented

• by M N and O (OR M N and O will receive his benefit)

 Testate Succession
Adiation and Repudiation
❑ No heir can be forced to accept benefit from deceased
estate
❑ Adiation: Acceptance of benefit
❑ Repudiation: Renounce/ Decline benefit
 Testate Succession
Competent Beneficiary
❑ No age limit
❑ Nominated as beneficiary
❑ Not incompetent
 Testate Succession
Incompetent Beneficiary
❑ Caused testator’s death.
❑ Caused death of close relative
❑ Persuaded testator to live immoral life/ alcoholic.
❑ Participated in execution process: NB Exceptions on 34

What constitutes participation in execution process and

disqualifies person from inheriting?
▪ Signing will as witness
▪ Writing out will or part of will in own handwriting
▪ General rule: Disqualified from inheriting
▪ Exceptions: Page 34
 ClickUP Test: Reminder
Date: 1 June 08h00 – 4 June 22h00

Law of Succession and Trusts (Notes and

Slides)

The online test counts out of 20 marks and consists of a number of questions.
Within the allocated time period (08h00 on the Thursday to 22h00 on the Sunday) you have only one opportunity to
complete the test, and you will have only 50 (fifty) minutes to do it.
Once you start the test, the 50 minutes start and will not stop if you log out
After you have submitted the answer to a question, you will not be able to go back and change it, so read the question
carefully and consider all the options before you submit your answer.
The order in which the questions appear will not be the same for every student, and the options for the multiple choice
questions will also not be in the same order for each student. Students will therefore not be able to work together.
The test must be completed and submitted before the cut-off time (i.e. before 22h00 on the Sunday).
 Scope:
Date: 12 June 2023
❑Insurance Law: 10 Marks
The DATE, TIME and
Results will not be
(Chapters 24 & 25) VENUE for Year Test 1 is
Time: 15h00 – 18h00 made available via
❑Insolvency Law: 10 Marks preliminary.
(Chapters 33, 34 & 35) email!
You MUST regularly
❑Succession: 10 Marks
Nature of
Written – on campus (Material on clickUP) consult the portal for the
Test:
❑Labour Law: 10 Marks updated correct
(Chapters 36, 37 & 38) information!
Marks: 50 ❑Theme 3A and 3B: 10 Marks
(Chapter 32 and POPI Act)

12 June 2023
Year Test 1
Lecture 8: Notes p36 – p41 – Self Study

❑Trusts – Self Study

 ClickUP Test: Reminder
Date: 1 June 08h00 – 4 June 22h00

Law of Succession and Trusts (Notes and

Slides)

The online test counts out of 20 marks and consists of a number of questions.
Within the allocated time period (08h00 on the Thursday to 22h00 on the Sunday) you have only one opportunity to
complete the test, and you will have only 50 (fifty) minutes to do it.
Once you start the test, the 50 minutes start and will not stop if you log out
After you have submitted the answer to a question, you will not be able to go back and change it, so read the question
carefully and consider all the options before you submit your answer.
The order in which the questions appear will not be the same for every student, and the options for the multiple choice
questions will also not be in the same order for each student. Students will therefore not be able to work together.
The test must be completed and submitted before the cut-off time (i.e. before 22h00 on the Sunday).
 Scope:
Date: 12 June 2023
❑Insurance Law: 10 Marks
The DATE, TIME and
Results will not be
(Chapters 24 & 25) VENUE for Year Test 1 is
Time: 15h00 – 18h00 made available via
❑Insolvency Law: 10 Marks preliminary.
(Chapters 33, 34 & 35) email!
You MUST regularly
❑Succession: 10 Marks
Nature of
Written – on campus (Material on clickUP) consult the portal for the
Test:
❑Labour Law: 10 Marks updated correct
(Chapters 36, 37 & 38) information!
Marks: 50 ❑Theme 3A and 3B: 10 Marks
(Chapter 32 and POPI Act)

12 June 2023
Year Test 1