Law of Succession
LAW OF SUCCESSION
LONGER QUESTIONS
1. Indicate whether the following statements are true or false and substantiate your answer.
(a) A child's share is calculated by dividing the value of the intestate estate by the number of children of the deceased plus one. (3)
False, a child's share is calculated by dividing the value of the intestate estate by the number of children of the deceased who have either survived him or have predeceased him but are survived by their descendants, plus one.
(b) In terms of the Wills Act 7 of 1953 the testator must sign all the pages of the will at the end of each page. (3)
False, If the will consists of more than one page, the testator must sign at the end of the wording on the last page, and he must further sign or acknowledge his signature on every preceding page.
(c) In terms of the Wills Act 7 of 1953 the same witnesses must sign all the pages of the will. (2)
False, the same witnesses must sign and attest the will in the presence of one another and the testator. The Act only provides that the witnesses must sign the will. This provision is interpreted to mean that the witnesses must sign the last page of the will and not every page of the will.
(d) A general unworthiness to inherit testate or intestate attaches to a murderer, and therefore a murderer may never inherit from anybody.
False, it is not a general unworthiness which attaches to a murderer, however, but only an unworthiness to inherit from his or her victim and from certain persons very closely related to the victim.
(e) Someone who kills another person, may never inherit from that person, because of the maxim de bloedige hand erft niet (the bloody hand does not inherit). (4)
False, only a person who intentionally or negligently caused the death of the deceased or a spouse, married in community of property, who murdered
LONGER QUESTIONS
1. Indicate whether the following statements are true or false and substantiate your answer.
(a) A child's share is calculated by dividing the value of the intestate estate by the number of children of the deceased plus one. (3)
False, a child's share is calculated by dividing the value of the intestate estate by the number of children of the deceased who have either survived him or have predeceased him but are survived by their descendants, plus one.
(b) In terms of the Wills Act 7 of 1953 the testator must sign all the pages of the will at the end of each page. (3)
False, If the will consists of more than one page, the testator must sign at the end of the wording on the last page, and he must further sign or acknowledge his signature on every preceding page.
(c) In terms of the Wills Act 7 of 1953 the same witnesses must sign all the pages of the will. (2)
False, the same witnesses must sign and attest the will in the presence of one another and the testator. The Act only provides that the witnesses must sign the will. This provision is interpreted to mean that the witnesses must sign the last page of the will and not every page of the will.
(d) A general unworthiness to inherit testate or intestate attaches to a murderer, and therefore a murderer may never inherit from anybody.
False, it is not a general unworthiness which attaches to a murderer, however, but only an unworthiness to inherit from his or her victim and from certain persons very closely related to the victim.
(e) Someone who kills another person, may never inherit from that person, because of the maxim de bloedige hand erft niet (the bloody hand does not inherit). (4)
False, only a person who intentionally or negligently caused the death of the deceased or a spouse, married in community of property, who murdered