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The Julio-Claudian dynasty comprised the first five Roman emperors: Augustus, Tiberius, Caligula, Claudius, and Nero.
A will or testament is a legal document that expresses a person's (testator) wishes as to how their property (estate) is to be distributed after their death and as to which person (executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy.
Cyprian Bhekuzulu Nyangayezizwe kaSolomon was the king of the Zulu nation from 1948 until his death at Nongoma in 1968. He succeeded his father, king Solomon kaDinuzulu, after a lengthy succession dispute which was only resolved in 1944. His uncle, Arthur Mshiyeni kaDinuzulu, functioned as regent during the succession dispute and Cyprian's minority.
Wills have a lengthy history.
Estate planning is the process of anticipating and arranging for the management and disposal of a person's estate during the person's life in preparation for a person's future incapacity or death. The planning includes the bequest of assets to heirs, loved ones, and/or charity, and may include minimizing gift, estate, and generation-skipping transfer taxes. Estate planning includes planning for incapacity, reducing or eliminating uncertainties over the administration of a probate, and maximizing the value of the estate by reducing taxes and other expenses. The ultimate goal of estate planning can only be determined by the specific goals of the estate owner, and may be as simple or complex as the owner's wishes and needs directs. Guardians are often designated for minor children and beneficiaries with incapacity.
A holographic will, or olographic testament, is a will and testament which is a holographic document, i.e. it has been entirely handwritten and signed by the testator. Historically, a will had to be signed by witnesses attesting to the validity of the testator's signature and intent, but in many jurisdictions, holographic wills that have not been witnessed are treated equally to witnessed wills and need only to meet minimal requirements in order to be probated:
A codicil is a testamentary or supplementary document similar but not necessarily identical to a will. In some jurisdictions, it may serve to amend, rather than replace, a previously executed will. In others, it may serve as an alternative to a will. In still others, there is no recognized distinction between a codicil and a will.
Forced heirship is a form of testate partible inheritance which mandates how the deceased's estate is to be disposed and which tends to guarantee an inheritance for family of the deceased.
The law of persons in South Africa regulates the birth, private-law status and the death of a natural person. It determines the requirements and qualifications for legal subjectivity in South Africa, and the rights and responsibilities that attach to it.
The South African law of succession prescribes the rules which determine the devolution of a person's estate after his death, and all matters incidental thereto. It identifies the beneficiaries who are entitled to succeed to the deceased's estate, and the extent of the benefits they are to receive, and determines the different rights and duties that persons may have in a deceased's estate. It forms part of private law.
Setlagole(Se tla a gola) is a historical Setswana village next to the N18 in Ngaka Modiri Molema District Municipality in the North West province of South Africa.
In Theron v The Master (2001), an important case in the South African law of succession, Mr and Mrs Theron were married in community of property. Mr Theron died and left certain property to his grandson in a trust. Mr Theron's son was appointed as the trustee, and had signed the will as a witness. Mrs Theron sought an order declaring that their son could benefit from the will despite signing as a witness.
In Geldenhuys v Borman, an important case in the South African law of succession, the testator had executed a total of three wills, each revoking the previous one. For about three years the testator was a patient in Fort England, but he was released at a later stage. At the time the last will was executed, and although the testator was declared incapable of managing his affairs, there was no declaration that the testator was mentally incapable. Geldenhuys approached the court to declare all three wills invalid. The court noted that there is a presumption of competency, so that the onus of proof is on the person alleging incapacity. The court held that Geldenhuys had not discharged this onus, as incapacity to manage one's affairs is not the same as mental incapacity. The wills were accordingly declared valid.
In Senekal v Meyer, an important case in South African succession law, the testator had a valid will. On it he had written the word “gekanselleer” (cancelled) on both of the pages of the copy in his possession. The Master, however, accepted the testator's attorney’s copy as the deceased's valid will and testament.
In Marais v The Master, an important case in the South African law of succession, the testator, who had divorced from his wife in 1972, bequeathed his entire estate to her in 1977. Before his death, he wrote words on his copy of the will and on a letter from his attorney, attempting to revoke the will and direct that his mother was to be his sole heir. The court held that there had been a clear intention to revoke the will and to nominate his mother as sole beneficiary.
In Barrow v The Master, an important case in South African succession law, the testator had convinced his son to leave his job and take over the management and farming operations on the farm “Longridge” from him. To assist him, the testator bought another farm “Meldene” for his son to live on while managing Longridge. Because the son was finding it inconvenient and difficult to manage the farming operations on Longridge while living at Meldene the testator decided to sell 'Longridge' for a net price of £10,000 and undertook to give his son the sum of £262 which he calculated would be the amount of the selling agent's commission. The farm was sold and another smaller farm called “Patchwood” was purchased. In his will the testator had bequeathed Longridge to his two sons in equal shares. Thus when the testator died, his son claimed for his half share in the farm Patchwood. The claim to Patchwood is founded on a promise by the testator during his lifetime to donate to his son a farm to the value of at least £5,000. Alternatively, the son claimed that the bequest of a half-share of Longridge had not been adeemed. On the first argument, the court held that the testator had settled his promise by purchasing the farm Meldene for his son. Furthermore, the court held that the purchase of Patchwood was effected to replace the facilities for farming that his son would lose by the sale of Longridge, not that the farm was actually for him. On the second argument, the court rejected the contention that the testator felt obliged to sell the farm because his son was finding it difficult to manage it and it was thus not voluntary. The court held that involuntary alienations only arise out of necessity such as pressing debts. Thus the alienation was voluntary and the bequest had adeemed.
In Botha v The Master, an important case in the South African law of succession, the testator created a trust in his will for the maintenance of his wife and the education of his nephews. The testator was aware of the fact that all the named nephews already had tertiary degrees and were older than thirty-six. The court accepted certain evidence of a letter written by the testator in which he stated that his intention was to benefit the children of his named nephews. The nephews asked the court to rectify the will by adding the words “the sons of” into the bequest. The court held that the will as it stood did not reflect the intention of the testator, so the words were inserted.
In Van Zyl v Esterhuyse, an important case in the law of succession in South Africa, the applicant applied for the rectification of a joint will executed by herself and her deceased husband. The will appointed her as the sole heir subject to the conditions
Testate succession exists under the law of succession in South Africa.
Intestate succession in South African law takes place whenever the deceased leaves property which has not been disposed of by valid testamentary instrument. In other words, the law of intestate succession applies only:
References
- Spies v Smith 1957 (1) SA 539 (A).
