IIE Learn Module Outline LOSA6212

Law of Succession
LOSA6212
MODULE OUTLINE 2023
(First Edition: 2019)

This guide enjoys copyright under the Berne Convention. In terms of the Copyright Act, no 98
of 1978, no part of this manual may be reproduced or transmitted in any form or by any means,
electronic or mechanical, including photocopying, recording or by any other information
storage and retrieval system without permission in writing from the proprietor.

The Independent Institute of Education (Pty) Ltd is registered with the

Department of Higher Education and Training as a private higher education
institution under the Higher Education Act, 1997 (reg. no. 2007/HE07/002).
Company registration number: 1987/004754/07.

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IIE Learn Module Outline LOSA6212

Table of Contents
Introduction........................................................................................................................................... 3
Using this Module Outline ................................................................................................................... 4
This Module on Learn........................................................................................................................... 5
Icons Used in this Document and on Learn ....................................................................................... 6
Module Resources ................................................................................................................................ 7
Module Purpose.................................................................................................................................. 10
Module Outcomes .............................................................................................................................. 10
Assessments ........................................................................................................................................ 11
Module Pacer ...................................................................................................................................... 14

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IIE Learn Module Outline LOSA6212

Introduction
Welcome to the Law of Succession. The purpose of this module is to provide you, the
student, with a broad overview of the law applicable to Succession for the purposes of the
LLB degree. It is important to acquire a proper understanding of the legal principles that
you will engage in for the duration of this course. These principles will equip you with
the foundational knowledge to identify a document as a Will as well as to ascertain
whether or not it is valid. You will also learn about the legal position of a person’s
estate where he or she dies without leaving behind a will. Who inherits the estate?
What portion of the estate does each beneficiary inherit? What is the process to be followed
in administering and distributing a deceased’s estate?

The best way for you to grasp the concepts taught in this module is to read the prescribed
chapters before each lecture. Note that although this study guide may also refer to other
textbooks, you are only required to purchase your prescribed textbook which suffices
for this module. Engaging in all VC Learn activities will enforce the principles of Succession
and will lend to your holistic development as a student. You are encouraged to freely
participate in class debates and discussions. Your opinion and comments matter
insofar as it is relevant to the content that has been taught by your lecturer. Your
comments could further help other students who are struggling with understanding
certain concepts. The rules of intestate succession will require you to do basic calculations
over and above applying theory to answer questions. You will not be able to answer problem
type questions for intestate succession unless you fully understand the how the rules apply.
Please study the rules on intestate succession before your lecturer, lectures it in class.
Remember, that ideally, the lecture should be filling the gaps in knowledge. You are also
required to have a thorough knowledge of the Wills Act and the prescribed case law, as
applicable to the formalities for the execution of a valid contract.

The constitutional era has necessitated developments in the common law and customary
law of succession. In this module we will, for example, look at the impact of the Constitution
on the principle of freedom of testation as well as the customary law rules regarding
intestate succession.

Your lecturer for this module is here to assist you to the best of his/her abilities, however
you need to take the initiative and take accountability for the result that you want to
receive in this course. You are advised to adhere to the instruction and direction of your
lecturer, attend all lectures, complete all activities, read before lectures so as to obtain
a good mark for this course.

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IIE Learn Module Outline LOSA6212

Using this Module Outline

This module outline has been developed to support your learning. Please note that the
content of this module is on Learn as well as in the prescribed material. You will not
succeed in this module if you focus on this document alone.

• This document does not reflect all the content on Learn, the links to different resources,
nor the specific instructions for the group and individual activities.
• Your lecturer will decide when activities are available/open for submission and when
these submissions or contributions are due. Ensure that you take note of
announcements made during lectures and/or posted within Learn in this regard.

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IIE Learn Module Outline LOSA6212

This Module on Learn

Learn is an online space, designed to support and maximise your learning in an active manner.
Its main purpose is to guide and pace you through the module. In addition to the information
provided in this document, you will find the following when you access Learn:

• An assessment brief;
• A list of prescribed material;
• A variety of additional online resources (articles, videos, audio, interactive graphics, etc.)
in each learning unit that will further help to explain theoretical concepts;
• Critical questions to guide you through the module’s objectives;
• Collaborative and individual activities (all of which are gradable) with time-on-task
estimates to assist you in managing your time around these;
• Revision questions, or references to revision questions, after each learning unit.

Kindly note:

• Unless you are completing this as a distance module, Learn does not replace your
contact time with your lecturers and/or tutors.
• LOSA6212 is a Learn module, and as such, you are required to engage extensively
with the content on the Learn platform. Effective use of this tool will provide you
with opportunities to discuss, debate, and consolidate your understanding of the
content presented in this module.
• You are expected to work through the learning units on Learn in your own time –
especially before class. Any contact sessions will therefore be used to raise and
address any questions or interesting points with your lecturer, and not to cover
every aspect of this module.
• Your lecturer will communicate submission dates for specific activities in class and/or
on Learn.

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Icons Used in this Document and on Learn

The following icons are used in all your modules on Learn:

Icon Description

A list of what you should be able to do after working through the learning
unit.

Specific references to sections in the prescribed work.

Questions to help you recognise or think about theoretical concepts to be

covered.

Sections where you get to grapple with the content/ theory. This is mainly
presented in the form of questions which focus your attention and are
aimed at helping you to understand the content better. You will be
presented with online resources to work through (in addition to the
textbook or manual references) and find some of the answers to the
questions posed.

Opportunities to make connections between different chunks of theory in

the module or to real life.

Real life or world of work information or examples of application of

theory, using online resources for self-exploration.

REMEMBER:

You need to log onto Learn to:

• Access online resources such as articles, interactive graphics, explanations, video clips,
etc. which will assist you in mastering the content; and
• View instructions and submit or post your contributions to individual or group activities
which are managed and tracked on Learn.

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IIE Learn Module Outline LOSA6212

Module Resources
Prescribed de Waal, M.J. and Schoeman-Malan, M.C. 2015. Law of Succession. Juta
Material (PM) ISBN: 9781485108559 (Hardcover)
for this Module
Recommended List of articles:
Readings, Digital
and Web • Schoeman-Malan, L. ‘Comparative analysis of commorientes – a
Resources South African Perspective: Part 1’ (2017) 50.1 DJ 36.
• Wood-Bodley, M.C. ‘Wills lost whilst in the testator’s possession –
rebutting the presumption of revocation’ (2016) 133(4) SALJ 731.
• Schoeman-Malan, M.C. ‘The requirements and test to assess
testamentary capacity (2)’ (2016) 79.1 THRHR 69.
• Smith, B. ‘Intestate succession and surviving heterosexual
partners using the jurist laboratory to resolve the ostensible
impasse that exists after Volks and Robinson’ (2016) 133.2 SALJ
284.
• Schoeman-Malan, MC ‘Recent developments regarding south
african common and customary law of succession’(2007) PER 1
• Jamneck, J. (2013) Exclusion of liability in wills Journal for
Juridical Science 38(2):1-16

List of prescribed cases:

• Assumption and Another v Reid and Others (3328/2015) [2017]

ZAECPEHC 21
• Bhe v Magistrate, Khayelitsha 2005 (1) SA 580 (CC)
• Braun v Blann and Botha 1984 (2) SA 850 (A)
• Casey v The Master 1992 (4) SA 505 (N)
• Daniels v Campbell 2004 (5) SA 331 (CC)
• Du Plessis v Strauss 1988 (2) SA 105 (A)
• Essop v Mustapha and Essop 1988 (4) SA 213 (D)
• Ex parte Steenkamp and Steenkamp 1952 (1) SA 744 (T)
• Flynn v Farr NO 2009 (1) SA 584 (C)
• Friedman NO v Master of the High Court Polokwane and Others
(2464/2017) [2017] ZALMPPHC 37
• Ganesan v Ramnadan and Others (45323.2013) [2016] ZAGPPHC
509
• Gafin v Kavin 1980 (3) SA 1104 (W
• Gory v Kolver 2007 (4) SA 97 (CC)

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IIE Learn Module Outline LOSA6212

• Govender v Ragavayah [2009] 1 All SA 371 (D); 2009 (3) SA 178

(D)
• Greenberg v Estate Greenberg 1955 (3) SA 361 (A)
• Harlow v Becker 1998 (4) SA 639 (D)
• Harris v Assumed Administrator, Estate MacGregor 1987 (3)
• SA 563 (A)
• Hassam v Jacobs 2009 (5) SA 572 (CC); Hassam v Jacobs
• [2008] 4 All SA 350 (C)
• Henriques v Giles 2010 (6) SA 51 (SCA); Giles v Henriques
• 2008 (4) SA 558 (C)
• In re BOE Trust Ltd and Others 2013 (3) SA 236 (SCA)
• Jane Bwanya v the Master of the High Court Cape Town CCT241/
• Katz v Katz [2004] 4 All SA 545 (C)
• Kidwell v The Master 1953 (1) SA 509 (E)
• King NO and Others v De Jager and Others (21972/2015) [2017]
ZAWCHC 79; [2017] 4 All SA 57 (WCC); 2017 (6) SA 527 (WCC)
• Kirsten v Bailey 1976 (6) SA 108 (C)
• Leeb v Leeb [1999] 2 All SA 588 (N)
• Liebenberg v Die Meester 1992 (3) SA 57 (D)
• Makhanya v Minister of Finance 2001 (2) SA 1251 (D
• McAlpine v McAlpine 1997 (1) SA 736 (SCA)
• Mills NO v Hoosen 2010 (2) SA 316 (W)
• Naude & Others v Naude & Another [2017] ZAECGHC 26
• Minister of Education v Syfrets Trust Ltd 2006 (4) SA 205 (C)
• Outhoff and Another v Kaplan NO and Others (69475/14) [2016]
ZAGPPHC 715
• Pienaar v The Master (579/10) [2011] ZASCA
• Pillay v Master of High Court, Durban and Another [2017] ZAKZDHC 20
• Pillay v Nagan 2001 (1) SA 410 (D)
• Raubenheimer v Raubenheimer 2012 (5) SA 290 (SCA)
• Ricketts v Byrne 2004 (6) SA 474 (C)
• Smith v Parson NO and Others 2010 (4) SA 378 (SCA)
• Spies v Smith 1957 (1) SA 539 (A)
• Van Wetten v Bosch 2004 (1) SA 348 (SCA)
• Van den Bergh v Coetzee 2001 (4) SA 93 (T)
• Volks v Robinson 2005 (5) BCLR 446 (CC); Robinson v Volks
• 2004 (6) BCLR 671 (C)
• Wessels v Die Meester [2007] SCA 17

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IIE Learn Module Outline LOSA6212

Legislation covered in this module:

• The Administration of Estates Act 66 of 1965.

• The Constitution of the Republic of South Africa Act 108 of 1996.
• The Intestate Succession Act 81 of 1987.
• The Reform of Customary Law of Succession and Regulation of
Related Matters Act 11 of 2009.
• The Wills Act 7 of 1953.
Module You will find an overview of this module on Learn under the Module
Overview Information link in the Course Menu.
Assessments Find more information on this module’s assessments in this document
and on the Student Portal.

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IIE Learn Module Outline LOSA6212

Module Purpose
The purpose of this module is to provide students with the knowledge, skills and
competencies to analyse and critically evaluate legal material relating to the law of
succession in order to formulate legal arguments and to apply their knowledge to practical
problems.
Module Outcomes
Explain the common law, statutory law and case law, rules and principles that
MO1 govern the law of testate and intestate succession and apply these to the
testamentary writings.
Identify relevant rules and principles and apply these to the interpretation of
MO2
testamentary writings.
Identify the relevant rules and principles and apply these in order to establish
MO3
how a particular intestate or testate estate must devolve.
MO4 Define the rules which govern the administration of estates.

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Assessments
Integrated Curriculum Engagement (ICE)
Minimum number of ICE activities to complete 4
Weighting towards the final module mark 10%

Formatives Test Test

Weighting 25% 30%
Duration 1 hour 1 hour
Write/Submit after
Learning Units covered 1-2 3
Resources required Prescribed Material Prescribed Material

Summative Competency Based Examination

Weighting 35%
Duration 3 hours
Total marks 100
Open/Closed book Closed book
Resources required Prescribed Material
Learning Units covered All

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Assessment Preparation Guidelines

Format of the Assessment Preparation Hints
Test 1
The test for this module will • Ensure that you work through all the relevant
assess your understanding activities, exercises and revision questions on Learn
of Learning Unit 1 and 2 of and in your textbook.
this module and will include • Brainstorm possible questions based on the learning
a series of short and outcomes and objectives provided. Then complete
medium-length questions, these as practise-tests.
as well as one longer • During both your preparation for the test and during
question. You will be the test itself, pay attention to the instruction words
expected to apply, as well (like list, apply, describe etc.) and to the mark
as recall information as per allocations of each question to ensure that you are
your objectives for these able to provide the correct depth and detail in your
learning units. answers.
• Make sure that you have mastered the objectives in
Learning Units 1 and 2.
• Ensure that you justify your answers with case law.
Test 2
The assignment will assess • Ensure that you work through all the relevant
your ability to integrate and activities, exercises and revision questions on Learn
apply the content in and in your textbook.
Learning Units 3 of this • Brainstorm possible questions based on the learning
module and will include a outcomes and objectives provided. Then complete
series of short and these as practise-tests.
medium-length questions, • During both your preparation for the test and during
as well as one longer the test itself, pay attention to the instruction words
question. You will be (like list, apply, describe etc.) and to the mark
expected to apply, as well allocations of each question to ensure that you are
as recall information as per able to provide the correct depth and detail in your
your objectives for these answers.
learning units. • Make sure that you have mastered the objectives in
Learning Units 3.
• Ensure that you justify your answers with case law.

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Examination
The examination will assess • Consult your examination brief for this module, which
all learning units in this will be made available prior to your examination.
module and will include Make sure that you practise answering the sample
both theory and questions in the brief so that you become familiar with
application-type questions. the kinds of questions likely to appear in the
examination itself.
You will be expected to • Ensure that you work through all the activities,
respond to short, theory- exercises and revision questions on Learn and in your
based questions, as well as textbook. You must have completed close readings of
to three literary analysis your prescribed material to ensure that you have
essay-type questions). prepared adequately for your examination for this
module.
• Pay close attention to the instruction words (like list,
apply, describe, analyse etc.) and to the mark
allocations of each question to ensure that you
provide the correct depth and detail in your answers.
• Make sure that you are comfortable in responding to
all the objectives for all learning units.
• Brainstorm possible questions based on the learning
outcomes and objectives provided.

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Module Pacer
Code Programme Contact Sessions Credits
LOSA6212 BLW2 48 15
Learning Unit 1 Introduction to The South African Law of Succession

Overview:

This introductory unit of the law of succession will examine the set of material legal rules
that prescribe what should happen to a person’s estate after he or she dies. These legal rules
are otherwise referred to as ‘Rules of Succession’. Once you complete learning unit 1, you
should be able to explain how the law of succession has transformed to be more inclusive.
As you study this learning unit, should be able to answer the following questions:

• What is the law of succession? What are the three types of

succession?
• What differentiates testate succession from intestate succession?
• What is the purpose of the rules of succession?
• What is the difference between common law of succession and customary law of
succession?
• How were the intestate estates of Black persons devolved prior to 1994?
• Why is Bhe’s case significant to the law of succession? What is the difference
between heirs and legatees?
• What are the basic requirements for the rules of succession to come into operation?

Please work through Themes 1, 2 and 3 on Learn, together with the relevant sections of your
prescribed source/s. To ensure that you are working towards mastering the objectives for
this learning unit, please also ensure that you complete the following activities on Learn:

The challenge you may experience in this learning unit relates when an estate falls open and
when dies cedit and dies venit will take place. It is critical that you master these concepts at
the outset, as well as how they relate to the law of testate and intestate succession. You will
need to understand these concepts in order to understand how it is interpreted in relation
to contents of Wills, which will be studied in learning unit 4.

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Learning Unit 1: Theme Breakdown

Sessions: Theme 1: A General Introduction of the Prescribed Material (PM)
1 -6 Law of Succession and The Dual
Character of the Law of the Law of
Succession
Academic Week: LO1: Explain the nature of the Law of Chapter 1
Succession and define it;
Related LO2: Evaluate where the Law of
Outcomes: Succession falls into the whole
MO001 system of Law;
MO002 LO3: Explain what the legal position is in
respect of deceased’s estates;
LO4: Identify the basic requirements for
the law of succession;
LO5 Differentiate between the common
law of succession and the
customary law of succession;
LO6: Explain choice of law rules with
reference to Bhe v Magistrate
Khayelitsha 2005 91) SA 580 (CC.
Theme 2: Differentiate between Testate Chapter 1
Succession and Intestate Succession
LO7: Define testate succession and
intestate succession;
LO8: Explain whether or not a deceased
estate can be divided partly testate
partly intestate;
LO9: Explain what is meant by Freedom
of Testation.
Theme 3: Vesting and Enforcement of Chapter 1
Rights
LO10: Explain when a beneficiary
becomes entitled to his or her
inheritance;
LO11: Explain whether a vested right is
an enforceable right;
LO12: Define dies cedit and dies venit;
LO13: Discuss the moment when dies
cedit and dies venit take place in
intestate succession and testate
succession.

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Learning Unit 2 The Law of Intestate Succession

Overview:

The Law of Succession, more so, the Intestate Succession Act 81 of 1987, regulates the
devolution of a deceased estate where the deceased died without executing a will or
executed a will, but it is invalid. In this learning unit, you will:

• Distinguish between various important concepts applicable to the law of succession;

• Know when the rules of intestate succession come into operation;
• Apply the appropriate section of the Intestate Succession Act to any one of the
possibilities that may arise in intestate succession.

Please work through Themes 1, 2, 3, 4 and 5 on Learn, together with the relevant sections
of your prescribed source/s. To ensure that you are working towards mastering the
objectives for this learning unit, please complete the following activities on Learn:

The challenge that you will experience in this learning unit relates to the applicability of
concepts in theme 2 to the rules of intestate succession. It is important to not to just define
these concepts but to also apply them to a given scenario, together with the appropriate
rule of intestate succession. A further challenge you will experience is differentiating
between the different rules of intestate succession and when they are applicable. It is best
advised that you obtain a thorough understanding of the rules of intestate succession. You
may be required to identify which one is applicable in a problem type scenario. If you apply
the incorrect rule of intestate succession to a given set of facts, you could lose valuable
marks in the test and examination. You must be able to differentiate between the rules of
intestate succession.

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Learning Unit 2: Theme Breakdown

Sessions: Theme 1: Introduction to the Law of Prescribed Material (PM)
7 - 13 Succession
Academic Week: LO1: Explain when intestate succession PM: Chapter 2
will take place.
Related Theme 2: Definition of important PM: Chapter 2
Outcomes: concepts
MO001 LO2: Define the following concepts: Jane Bwanya v the Master
MO003 of the High Court Cape
• Ascendants; Town CCT241/20
• Descendants; Media summary
• Blood relations; https://www.concourt.org.z
• Collaterals; a/index.php/judgement/45
• Parentela; 1-jane-bwanya-v-the-
• Stirpes; master-of-the-high-court-
• Per Capita; cape-town-cct241-20
• Representation per stirpes; [accessed 17 January 2022}
• A child’s share;
• Degrees of relationship;
• Spouse.

LO3: Apply the above concepts in a given

scenario.
Theme 3: Application of the Intestate PM: Chapter 2
Succession Act
LO4: Discuss the basic principles of
intestate succession;
LO5 Apply any of the subsections of
section (1) of the Intestate
Succession Act, as appropriate, to
any one the possibilities that could
arise in intestate succession.
Theme 4: Who can inherit in terms of PM: Chapter 2
intestate succession?
LO6: Discuss the legal position of
adopted children in intestate
succession with reference to
sections 1 (4) (e) and 1 (5) of the
Intestate Succession Act, in
conjunction with sections 228 and

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242 of The Children’s Act 35 of

2005;
LO7: Discuss the legal position of born
out of wedlock in intestate
succession with reference to
section 1(2) of the Intestate
Succession Act.
Theme 5: Unworthiness to inherit, PM: Chapter 2
Renouncement of Heirs and No
Heirs
LO8: Determine when a beneficiary is
unworthy to inherit, with particular
reference to the following cases:

• Ex Parte Steenkamp and

Steenkamp 1952 (1) SA 744 (T).
• Pillay v Nagan 2001 (1) SA 410
(D).
• Casey v The Master 1992 (4) SA
505 (N)

LO9: Explain the legal position of a

beneficiary who renounced his
inheritance;
LO10: Explain what happens to an
intestate estate with no intestate
heirs.

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Learning Unit 3 The Law of Testate Succession

Overview:

In this study unit, you will learn about how to identify a competent testator and a competent
witness to a will. The concept of freedom of testation will be examined and whether or not
it can be expressed by anyone other than the testator. You will also study the formalities for
the execution of a will as provided for in section 2 (1) of the Wills Act 7 of 1953, what are
the consequences and possible remedies in the event of non-compliance.

Please work through Themes 1, 2 and 3 on Learn, together with the relevant sections of your
prescribed source/s. To ensure that you are working towards mastering the objectives for
this learning unit, please complete the following activities on Learn:

Every theme in this learning unit is of paramount importance. The challenge that you will
experience with this learning unit relates to the revocation of a deceased’s Will, more
specifically the revival of a revoked Will. Please ensure that you understand the
requirements for the revival of a revoked Will, together with the requisite case law. The
revival of a revoked Will also relies on its compliance with the requirements for the execution
of a valid Will. Please ensure that you have a thorough understanding of ALL themes in this
learning unit, the applicable case law.

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Learning Unit 3: Theme Breakdown

Sessions: Theme 1: Testamentary capacity and the Prescribed Material (PM)
14 – 20 capacity to witness a will
Related LO1: Explain testamentary capacity; PM: Chapter 3
Outcomes: LO2: Identify the requirements for
MO001 testamentary capacity;
MO002 LO3: Discuss the requirements for
testamentary capacity;
LO4: Discuss the factors that affect free
testamentary expression;
LO5: Discuss the delegation of
testamentary capacity with specific
reference to the case of Braun v
Blann & Botha 1984 (2) SA 850 (A);
LO6: Identify the requirements for a
person to be competent to witness
a will;
LO7: Discuss the requirements for a
person to be competent to witness
a will.
Related Theme 2: Formalities for the execution of PM: Chapter 4
Outcomes: a valid will and the amendment of a will
MO001 LO8: Explain the concept of a will;
MO002 LO9: Discuss the various methods of
MO003 executing a will;
LO10: Explain the formalities for the
execution of a will with specific
reference to the cases of
Liebenberg v Die Meester 1992 (3)
SA 57 (D) and Kidwell v The Master
1953 (1) SA 509 (E);
LO11: Discuss the power of the court to Jamneck, J. (2013) Exclusion
condone formally defective wills; of liability in wills Journal
LO12: Discuss the formalities for for Juridical Science 38(2):1-
amending a will. 16
LO13: Discuss the legal practitioner’s
duty of care in drafting a will with
respect to his client and third-party
beneficiaries.

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Theme 3: Invalid Wills and the PM: Chapter 5

Revocation of Wills
LO14: Identify when a will is invalid;
LO15: Explain the meaning of ‘revocation’
of a will;
LO16: Identify the methods of revoking a
will;
LO17: Explain the methods of revoking a
will;
LO18: Discuss the power of the court to
condone a revoked will;
LO19: Explain the doctrine of dependent
relative revocation;
LO20: Identify the requirements for the
revival of a revoked will.
LO21: Apply the requirements for the
revival of a revoked will.
LO22: Differentiate between the
amendment and partial revocation
of a will.

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Learning Unit 4 Capacity to inherit and Contents of a Will

Overview:

In this learning unit, you will study the categories of beneficiaries to who qualify and are
disqualified from benefiting from the deceased’s estate. You will also study the contents of
a will, which places emphasis on the unlimited freedom of testation of the testator to
dispose of his estate as he wishes, resulting in varying contents. You must study Theme 4 of
Learning Unit 1 together with the Contents of a Will.

Please work through Themes 1, 2, 3, 4 and 5 on Learn, together with the relevant sections
of your prescribed source/s. To ensure that you are working towards mastering the
objectives for this learning unit, please complete the following activities on Learn:

The challenge that you will experience in this learning unit relates to differentiating between
the various contents of wills. In the event of you being provided with various clauses, you
must be able to identify whether or not it is a condition, dies, modus, fideicommissary
substitution. You will only be able to do so if you have a thorough understanding of the
characteristics of each of these types of clauses.

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Learning Unit 4: Theme Breakdown

Sessions: Theme 1: The General Statutory Prescribed Material (PM)
21 - 32 provisions regarding the capacity of
certain categories of beneficiaries to
inherit in terms of intestate succession
and testate succession
MO001 LO1: Discuss whether the following PM: Chapter 6
MO002 categories of children, have the
capacity to inherit from a
deceased’s estate:

• Unborn;
• Extra-marital;
• Adopted;
• Adulterine;
• Incestuous.
Related Theme 2: Class bequests and Statutory PM: Chapter 6
Outcomes: Representation
MO001 LO2: Discuss the legal characteristics of a
MO002 class bequest;
MO003 LO3: Explain when statutory
representation will take place upon
the death of the testator;
LO4: Discuss the consequences of
statutory representation in terms of
section 2C (2) of The Wills Act.
Theme 3: Unworthiness to inherit PM: Chapter 6
LO5: Identify the categories of
beneficiaries who are unworthy to
inherit from a deceased’s estate;
LO6: Discuss the categories of
beneficiaries who are unworthy to
inherit with specific reference to
the cases of Pillay v Nagan 2001 (1)
SA 410 (D), Gafin v Kavin 1980 (3)
SA 1104 (W), Makhanya v Minister
of Finance 2001 (2) SA 1251 (D),
Leeb v Leeb [1999] 2 All SA 588
(N), Exparte Steenkamp and
Steenkamp 1952 (1) SA 744 and

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IIE Learn Module Outline LOSA6212

Casey v The Master 1992 (4) SA

505 (N)
Theme 4: Contents of a Will: Condition. PM: Chapter 7
Dies and Modus
LO7: Distinguish between heirs and
legatees;
LO8: Differentiate between the different
categories of Conditional Bequests,
Dies and Modus;
LO9: Explain the legal implications of
each category of Conditional
Bequests and Dies;
LO10: Distinguish between Conditions
and Modus;
LO11: Discuss how the Constitution of
The Republic of South Africa Act
108 of 1996 impacts upon Freedom
of Testation;
LO12: Differentiate between
fideicommissary substitution and
direct substitution;
LO13: Distinguish between the legal
positions of a fiduciary as opposed
to a fideicommissary;
LO14: Explain the legal effect of a
fideicommissum residue clause;
LO15: Explain the characteristics of a
usufruct;
LO16: Differentiate between a usufruct
and a fideicommissum;
Theme 5: Testamentary Trusts PM: Chapter 7
LO17: Define testamentary trust;
LO18: Describe the characteristics of a
trust;
LO19: Explain the duties of the trustee
and the rights of trust beneficiaries;
LO20: Discuss the remedies are
available to the trust beneficiary
where the trustee does not fulfil
his trust duties.

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IIE Learn Module Outline LOSA6212

Learning Unit 5 Joint/Mutual Wills, Adiation/Repudiation/Election, Massing of

Estates and Accrual, Succession by Contract; Interpretation and
Rectification of Wills

Overview:

The nature of a will executed by a deceased person may be a joint or mutual. A mutual Will
usually includes massing of estates. This has a direct bearing of the distribution of the estate,
more so where the survivor of the Will elects to either repudiate or adiate the benefit. The
first theme in this learning unit examines the characteristics and legal consequences of joint
wills and mutual wills , when massing comes into effect, the effects of adiation and
repudiation on the distribution of the deceased’s estate and the effects of accrual where a
beneficiary elects to repudiate his or her benefit.

The second theme examines whether or not freedom of testation extends to Succession by
Contract and the legal validity of these types of contracts in the law of succession.

The third theme examines the rectification of a will, to reflect the true intention of the
testator.

Please work through Themes 1, 2, 3and 4 on Learn, together with the relevant sections of
your prescribed source/s. To ensure that you are working towards mastering the objectives
for this learning unit, please complete the following activities on Learn:

Students usually struggle to grasp the differences between a joint will and a mutual will. The
legal consequences and the nature of both these wills are completely different from one
another. The themes in this learning unit may overlap with each other in a given scenario.
Please ensure that you are able to fully explain each theme and apply them to a given set of
facts.

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IIE Learn Module Outline LOSA6212

Learning Unit 5: Theme Breakdown

Sessions: Theme 1: Joint/Mutual Wills, Prescribed Material (PM)
33 - 43 Adiation/Repudiation/Election, Massing
of Estates, and Accrual
MO001 LO1: Distinguish between a joint will PM: Chapter 8 and Chapter
MO002 versus a mutual will; 9
MO003 LO2: Discuss the legal consequences of
adiation and repudiation;
LO3: Discuss the legal consequences of
estate massing;
LO4: Explain when a beneficiary would
have a right of accrual;
LO5: Discuss the legal consequences of
accrual.
Related Theme 2: Collation PM: Chapter 11
Outcomes: LO6: Identify who is obliged to collate; You will not be assessed on
MO001 LO7: Discuss who benefits from collation; this theme. However, you
MO002 LO8: Identify the benefits that must be are required to have a
MO003 collated and those that must not be thorough reading
collated; knowledge of Collation.
LO9: Discuss the collation of debts.
Theme 3: Succession by Contract PM: Chapter 11
LO10: Explain what is meant by
Succession by Contract;
LO11: Discuss why Succession by
Contract is invalid;
LO12: Discuss the valid forms of
Succession by Contract.
Theme 4: Rectification and Interpretation PM: Chapter 12
of Wills
LO13 Explain the basic principles of
interpretation of a Will;
LO14: Explain the various sources used to
interpret a Will;
LO15: Identify implied provisions in a Will;
LO16: Explain the use of presumptions in
interpreting a Will;
LO17: Explain the purpose of rectifying a
Will;
LO18: Explain how a will can be rectified
by deleting words inserted

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IIE Learn Module Outline LOSA6212

inadvertently;
LO19: Explain how a will can be rectified
by inserting omitted words into a
Will;
LO20: Discuss when a court can amend a
Will.
LO21: Differentiate between the
amendment, revocation and
rectification of a will.

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IIE Learn Module Outline LOSA6212

Learning Unit 6 The Administration of Deceased Estates

Overview:

In this learning unity, you will learn about what happens to the deceased’s property after he
or she dies. The administration of deceased estates is the process of winding up the
affairs/estate of the deceased and ensuring that his testamentary directions are carried
out. You will also study the functions of the Master and the Executor of the deceased estate,
in the winding up process.

Please work through Themes 1, 2 and 3 on Learn, together with the relevant sections of your
prescribed source/s. To ensure that you are working towards mastering the objectives for
this learning unit, please complete the following activities on Learn:

The challenge that you will experience in this learning unit relates to the activities of the
executor and the sequence of the administration process, timelines and functions of the
Executor and Master. More specifically, students tend to grapple with the calculation of the
executor’s remuneration on the gross income of the estate and the gross asset value of the
estate.

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IIE Learn Module Outline LOSA6212

Learning Unit 6: The Administration of Deceased Estates

Sessions: Theme 1: Introduction Prescribed Material (PM)
44 – 48
MO001 LO1: Define deceased estate; PM: Chapter 13
LO2: Identify the legislation regulating
the administration of deceased
estates;
LO3: Identify the three stages of the
administration process.
Related Theme 2: The Master of the High Court PM: Chapter 13
Outcomes: and the Executor
MO001 LO4: Discuss the Master’s functions in
MO002 the administration of deceased
MO003 estates;
MO004 LO5: Discuss the functions and activities
of the executor in the
administration of deceased estates;
LO6: Apply the formulae to calculate the
executor’s remuneration
Theme 3: The Liquidation and PM: Chapter 13
Distribution Account
LO7: Discuss the structure of the
Liquidation and Distribution
Account.

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