Background to the Law of Succession

The Rules of Succession identify

The Beneficiary

The Benefit

The rights and duties that beneficiaries and creditors may have in the estate
 Beneficiary
must be
Competent
to inherit Determine who died first when a
number of people are killed in the
same disaster.
Nasciturus fiction Greyling v Greyling

Estate Orpen V Estate Atkinson Ex parte Graham

Beneficiary should be Commorientes

The Person must
alive or conceived at Ground Rules of Succession
Have Died
time of vesting.

Exceptions Court
Estate
Presumption
Massing
of Death

The must be a transfer of rights or

duties in respect of the bequest
Dual Character of law South African Law of Succession

Common law Customary Law

Testamentary & Intestate Rules Only Intestate Rules