Last Will and Testament

Will Codicil Testamentary

Writing
Describes the identity of
the Property Bequethed
Three Essential
Written Usually and
Components of
wishes of the addendum to Any
testamentary
testator a written will Describes the identity of one
Writing
the Beneficiary of
the
3
Describes the extent of the interest
bequeathed, such as Fideicommissum
or Usufruct
Ex Parte Davies

Identified the beneficiary in a secret letter, to

be opened after death. Deemed by the Court Oosthuizen v Die Weesheer
to be Testamentary Writings.
Sketch plan was attached to the will.
Deemed as Testamentary writing, as it
identifies the Bequest.
 Joint v Mutual Wills
NOT ALWAYS

One document One document that

merely setting out
the Different wishes
JOINT MUTUAL sets out reciprocal
benefits conferred to
of different parties the parties involved

ALWAYS

Needs to be executed ONCE, the Multiple The will is seen as the separate will of each Testator and may The Will may also be invalid in respect of one
Testators and two required witnesses are needed be Unilaterally revoked or amended without knowledge of Testator and valid in respect of the other.
other Testators.

Adiation and Repudiation

Adiation Repudiation

No Formalities Must be in Writing

Accept a benefit and/or Reject a benefit and/or

Obligation from the Estate Obligation from the Estate

**Direct Substitution-If Substitutes provided

Repudiation is
Final **Accrual-Benefit added to shares of others
Can only be
reversed by court **Form part of Residue-Fall to Residual Heirs
if It was made “In
excusable **Devolve according to Intestate Succession rules
ignorance of
their rights”
 Doctrine of Election

Beneficiary is given a benefit

If the Beneficiary undertakes to fulfill a stipulated obligation(e.g payment of money)

Beneficiary cannot adiate partially, if

they choose to adiate they must
The beneficiary has the accept the obligation along with the
Benefit Written Adiation or Repudiation
choice to either accept
certificate must be submitted to the
the benefit with the Master
If Repudiate the particular benefit
attached obligation or
due to the obligation they repudiate
repudiate.
ALL their benefit under that will
(even those without any obligations)