Module Guide

Faculty Commerce and Law

Module Code LWSN211 Module Name Law of Succession
NQF Level 6 Credit Value 12
Semester 1/2020 Year Level 2
Module Leader Kudzai Njitimana Copy Editor Richard Dunningham
Lecturing Hours 70 (05 hours a week) Tutorial Hours N/A
Notional Hours 120 Pre-Requisites LWIT111; LWIT121

The module guide must be read in conjunction with the prescribed textbook. This document will
be the first port of call to understanding what will be assessed and which assessments form part
of the module.

The purpose of the module guide is to highlight:

• The learning outcomes and assessment criteria that need to be met to pass the module
• The assessment required to be completed for the module
• The additional resources required for the module
• The topics that will be focused on for the module

Module Aim
The aim of this module is to introduce you to the principles regulating the law of Succession in
South Africa. The focus of the module will mainly be on the consequences of death on a
deceased person's estate. The Law of Succession aims to orientate you on the rules that
determine the devolution of the deceased estate and who his or her successors will be.

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Pearson Institute of Higher Education is registered with the Department of Higher Education and Training as a private higher education institution
under the Higher Education Act, 101, of 1997. Registration Certificate number: 2001/HE07/008. (Formerly Midrand Graduate and CTI Education
Group).
Module Description
The scope and purpose of this module is to enable you to understand mainly the distinction
between testate and intestate succession and the principles applicable thereof. Furthermore, the
important sections of the Wills Act will also be analysed with focus on their impact on testate
estates devolution. You will also be taught to determine who qualifies to inherit in terms of a valid
will, the various principles of succession such as testamentary capacity, formalities for wills;
revival of wills; capacity to inherit; freedom of testation; vesting and conditional bequests;
testamentary trusts; doctrine of collation; interpretation of wills; succession by contract and a
brief introduction into the administration of deceased estates.

Learning Outcomes
By the end of this module, you will be able to:
Learning Outcomes Assessment Criteria

1.1 List, define and apply the Law of Succession

terminology.
1.2 Explain the background, dual characteristics
of the Law of Succession and discuss its
1. Demonstrate an understanding of
placement within the South African legal
the foundational principles of the
system.
Law of Succession in South Africa.
1.3 Understand the meaning of private
international law of succession.
1.4 Apply the ground rules of succession to case
scenarios with reference to case law.

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 2.1 Define the law of intestate succession and
how a person dies intestate.
2.2 Discuss the concepts of vesting of an
intestate inheritance with reference to case
law.
2.3 Discuss the various categories of persons
(natural and juristic), capable of inheriting.
(Also look at the nascitutus fiction and minor
children)
2.4 Identify categories of persons disqualified
from inheriting
2.5 Analyse the various constitutional challenges
to the rules of intestate succession.
2.6 Apply numeracy skills to be able to calculate
2. Identify and apply the legal rules
amounts to be awarded to heirs in intestate
applicable to Intestate and testate
succession.
Succession.
2.7 Be able to apply the intestate succession
rules to factual scenarios.
2.8 Define and distinguish the requirements of
concepts, ‘will’, ‘codicil’ and ‘testamentary
writing.’
2.9 Distinguish concepts such as adiation,
repudiation, election.
2.10 Explain the difference between joint and
mutual wills.
2.11 Define testamentary capacity in terms of the
Wills Act.
2.12 Distinguish concepts that influence
testamentary capacity (volition, animus
testandi, freedom of testation.

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3. Demonstrate knowledge of the legal
rules and formalities relating to Wills
in South Africa.
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3.1 Explain the formalities in terms of s 2 (1) (a)
of the Wills Act.
3.2 Discuss the process of amendment of wills in
terms of S 2 (1) (a) of Wills Act. Describe the
various methods of revoking a valid will.
3.3 Discuss the presumptions concerning will
revocation.
3.4 Explain how a will may revive with reference
to case law.
3.5 Define the principle of freedom of testation
and its importance in succession.
3.6 Distinguish between the common law and
statutory limitations to freedom of testation.
3.7 Discuss the concept of the surviving spouse
in terms of the RCLSA and Civil Unions Act.
3.8 Define and apply the different type of
bequests such as absolute bequests,
conditions, time clauses, modus and estate
massing and apply to case-based scenarios.
3.9 Discuss the requirements and consequences
of the bequests above.
3.10 Explain dies cedit and dies venit as two
separate sub-moments in connection with
vesting of rights.
3.11 Explain the difference between a time clause
and a condition and distinguish a terminative
time clause and suspensive condition.
3.12 Identify, name, define and apply bequests
relevant to wills such as direct substitution,
fideicommissary substitution, usufruct, and
know the distinction between a usufruct and a
fideicommissum.
3.13 Define common law accrual.
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3 Apply the principles of Wills to
factual scenarios, define trusts and
how succession by contract may
occur in South Africa.
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4.1 Discuss what collation entails and the
categories of those who participate and who
are excluded.
4.2 Identify what benefits are collatable.
4.3 Determine the valuation of collation benefits.
4.4 Calculate mathematically how collation
works.
4.5 Define the following concepts: a trust mortis
causa, a trust inter vivos, a bewind trust and
a trust in terms of the Trust Property Control
Act.
4.6 Discuss the legal nature of a testamentary
trust.
4.7 Identify and discuss the duties and powers of
the trustee.
4.8 Identify how a trust may be terminated.
4.9 Describe the golden rule of interpretation of
wills.
4.10 Distinguish between statutory and common
law rules of interpretation.
4.11 Discuss the concepts of variation and
rectification of wills.
4.12 Discuss the valid forms of pactum
successorium.
4.13 Explain with reference to case law, the impact
of the revocability test to pactum
successorium.
4.14 Identify a pactum successorium to case
based scenarios.
4.15 Discuss the process to be followed in the
winding up of an estate.
4.16 Discuss the roles of the executor and the
Master of the High Court in the administering
of a deceased estate.
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 5 Conduct and evaluate legal 5.1 Analyse the facts, identify legal issues and
information and communicate based provide a legal solution in an assignment and
on principles of law. test containing problem based questions.

Prescribed Resource(s)
Textbook(s)/eBook(s)
Jamneck, R., Paleker, M., Van der Linde, A., and Wood-Bodley, M. 2017. The Law of
Succession in South Africa. Third Edition. Cape Town: Oxford University Press.
ISBN: 9780190428167.

Cronje, DSP. and Roos, A. 2012. The Casebook on the Law of Succession. Third Edition.
Pretoria: Unisa.
ISBN: 9781868882366.

Case Law
Learning Outcome 1:
Bhe v Magistrate, Khayelitsha and Others 2005 (1) SA 580 (CC)
Estate Orpen v Estate Atkinson 1966 (4) SA 589 (A)
Ex parte Graham 1963 (4) SA 145 (D)
Greyling v Greyling 1978 (2) SA 114 (T)
Mosenke v The Master 2001 (2) SA 18 (CC)

Learning Outcome 2:
Bhe v Magistrate, Khayelitsha and Others 2005 (1) SA 580 (CC)
Daniels v Campbell 2004 (5) SA 331 (CC)
Gory v Kolver 2007 (4) SA 97 (CC)
Govender v Ragavayah 2009 (3) SA 178 (D)
Harris v Assumed Administrator Estate MacGregor 1987 (3) SA 563 (A)
Hassam v Jacobs 2009 (11) BCLR 1148 (CC)
Volks v Robinson 2005

Learning Outcome 3:
Ex Parte Davies 1957 (3) SA 471 (N)
In re Leedham 1901 18 SC 450
Kirsten v Bailey 1976 (4) SA 1078 (T)

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Spies v Smith 1957 (1) SA 539 (A)
Katz v Katz 2004 4 All SA 545 (C)
Kirsten v Bailey 1976 (4) SA 1078 (T)
Spies v Smith 1957 (1) SA 539 (A)

Learning Outcome 4
Back v Master of the Supreme Court 1996 2 All SA 161 (C)
Bekker v Naude 2003 (5) SA 173 (SCA)
Kidwell v The Master 1983 (1) SA 509 (E)
Letsekga v The Master 1995 (4) SA 731 (W)
Liebenberg v The Master 1992 (3) SA 57 (D)
Radley v Stopforth 1977 (2) SA 759 (N)
Fram v Fram Executrix 1947 (1) 787 (W)
Marais v the Master 1984 (4) SA 288 (D)
Olivier v Die Meester: In re Boedel Wyle Olivier 1997 (1) SA 34 (D)
Senekal v Meyer 1975 (3) SA 372 (T)
Wessels v Die Meester 2007 JDR 0172 (SCA)
Casey v The Master 1992 (4) SA 505 (N)
Ex parte Steenkamp and Steenkamp 1952 (1) SA 744 (T)
Makhanya v Minister of Finance 2001 (2) SA 1251 (D)
Taylor v Pim 1903 24 NLR 484
Wessels v De Jager 2000 (4) SA 924 (SCA)
Daniels v Campbell 2004 (5) SA 331 (CC)
Hassam v Jacobs 2008 (4) All SA 350 (C)
Levy v Schwartz 1948 (4) SA 930 (W)
Minister of Education v Syfrets Trust Ltd 2006 (4) SA 205 (C)
Rhode v Stubbs 2005 (5) SA 104 (SCA)
Du Plessis v Strauss 1988 (2) SA 105 (A)
Erasmus v Estate Late Booysen 2014 (4) SA 1 (SCA) `
Lello v Dales 1971 (2) SA 330 (A)
Braun v Blann and Botha 1984 (2) SA 850 (A)
Minister of Education v Syfrets Trust Ltd 2006 (4) SA 205 (C)

Legislation
Administration of Estates Act 66 of 1965

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Black Administration Act 38 of 1927
Children’s Act 38 of 2005
Civil Union Act 17 of 2006
Constitution of the Republic of South Africa, 1996
Immovable Property (Removal of Modification of Restrictions) Act 94 of 1965
Intestate Succession Act 81 of 1987
Maintenance of Surviving Spouses Act 27 of 1990
Matrimonial Property Act 88 of 1984
Recognition of Customary Marriages Act 120 of 1998
Trust Property Control Act 57 of 1988
Wills Act 7 of 1953

Students are expected to check myLMS daily.

The following resource(s) will be made available on myLMS, which you must check regularly:
• Assignment specification
• Blended learning items
• Continuous assessments
• Exam scopes
• Important notifications from your lecturer
• Module announcements

Recommended Resource(s)
Recommended resources should be used for reference purposes when conducting research for
assignments. There is a range of general resources related to this module, including the
following:

Textbook(s) or eBook(s)
De Waal, M.J. and Schoeman-Malan, M.C. 2015. Law of Succession. Cape Town: Juta. ISBN:
97848508559

Online Document(s)
Will be announced and made available on myLMS.

Journal Article(s)
Schoeman-Malan MC. 2015. “The Requirements and Test to Assess Testamentary Capacity”.

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THRHR. (78), 605-621.
Additional journal article(s) will be announced and made available on myLMS.

Online Journal Article(s)

Will be announced and made available on myLMS.

Website(s)
Will be announced and made available on myLMS.

Essential Requirements
• Access to a resource centre or a library with a wide range of relevant resources.
• Resources added to myLMS

Employer Engagement and Vocational Contexts

Case studies with a practical focus teaching the students will-drafting will be done during the
course of the semester to illustrate the practical application of the Law of Succession principles.

Formative Assessment
Continuous Assessments
Continuous formative assessment is conducted so that you are given feedback on your progress
in the achievement of specific learning outcomes. The formative assessment tasks occur every
fortnight and can be in the form of one of the following:
• A five-item multiple choice test
• A short questions test
• Construction of concept maps
• Take home tests with long questions
• Short practical tasks
• Short class presentations

Students could be expected to complete assessments on myLMS as well as other digital

platforms.

Guidelines for online myLMS assessments:

• Time limits should be checked before commencing assessments.

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• Ensure that the Internet connection is stable.
• In some cases, assessments are not available indefinitely and will only be available for a day
or two.
• Marks may only be available (with a memorandum) after all students have attempted the
assessment after the assessment due date.
• Two attempts may be awarded in cases where there is poor Internet connection. Note that no
more than two attempts may be awarded in some cases.

Test(s)
There will be 1 take home test which will contribute 15% towards your final mark. The test will
take 48 hours to be completed hence there will be no deferred test. This is an individual
assessment and Students will be required to submit the assessment via Turnitin.

It is the students’ responsibility to collect their tests and verify their marks on the day they are
handed out. No adjustment of marks will be entertained beyond the date scripts are returned to
students after marking.

Continuous Assessment(s)
The lecturer at each campus will determine the nature of these continuous assessments. These
should be done at least every fortnight. The continuous assessments will count 10%.

Assignment(s)
You must complete one assignment this semester. The assignment will be completed
individually. It is very important and it will be based on applying the theory covered in class from
weeks 1 – 5 to a practical case study. In order for you to achieve at least a 50% (pass) on the
assignment you should spend approximately 10 – 15 hours working on the whole assignment.
This assignment will contribute 25% towards your final mark.

Assignments must be submitted on or before the due date to the lecturer in class or as per
arrangement. Five percent (5%) will be deducted for every day that the assignment is late.
Assignments that are more than a week late will be awarded a zero. Late submissions must be
accompanied by a medical certificate.

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Final Formative Assessment
Final formative Assessment will be in the form of a take home exam and will contribute 50%
towards the final mark. The final assessment is an individual assessment and Students will be
required to submit the assessment via Turnitin after 48 hours.

Plagiarism
All assignments and reports must be submitted to the online similarity checker (Turnitin) available
on myLMS prior to being submitted for marking. When submitting your assignment/report, it is
compulsory to submit the entire Turnitin report. Marks will be deducted in accordance with the
institutional policy.

Also, when submitting assessments, you should include the completion and signing of the
applicable Assessment Coversheet as an acknowledgement that the work submitted is your own
original work, except for source material explicitly acknowledged. This declaration will serve as
proof that you are aware of the Institution’s policies and regulations on academic integrity.

Final Mark
In order to pass the module, a sub-minimum mark of 40% or higher is required for the
examination and a final average of 50% or higher is required for the entire module.

The requirement is calculated as follows:

Coursework Mark [(Continuous assessment percentage × 0.10) + (Take home Test percentage
× 0.15) + (Assignment Percentage × 0.25) + Final Formative assessment Mark [Formative
assessment × 0.50)]

Details of Assessments
Semester 1
Methods of Assessment Weighting 1 Dates
09/03/2020 – 13/03/2020
Assignment 25% Scope of coverage: Weeks 1 – 5 (Constitutional
Challenges to Intestate Succession)
28/04/2020 – 30/04/2020
Test 15%
Scope of coverage: Weeks 1 – 6

1 Refer to the Conditions of Enrolment, available on myLMS.

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Continuous Assessment
Final Formative Assessment
(Take home)
Lecturer will stipulate the date(s) of these
10%
assessments and scope of coverage.
12/06/2020 – 15/06/2020
50%
Scope of coverage: Weeks 1 – 13

Consultations
Consultation times will be pinned onto the lecturer’s office door/notice board. You must give
lecturers 24 hours’ notice for appointments. Meetings can be requested in-class or via email. It is
important that you detail the requirements (chapter, section, etc.) for your consultation.

Module Content
You are required to attend all classes. In addition, exercises and activities, which are supplied by
lecturers, are compulsory.
Continuous assessments may run throughout the semester.

Semester 1 Schedule
Topics and
Lecture
Assessment Criteria Assessments References
Weeks
Covered
Unit 1: Module
Orientation
• Discuss the
succession
1
terminology in • Chapter 1
1: 03/02/2020
class • Sections 1.1 – 1.7
– 07/02/2020
• Discuss the
ground rules of
succession
AC: 1.1 – 1.4.
Chapter 1
2 • Section 2.1 – 2.9
1: 10/02/2020
– 14/02/2020 Intestate Succession
AC: 2.1 – 2.7.

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 • Chapter 7 (Pages 108 – 111 of
AC: 2.3 (Focus on prescribed textbook)
capacity of minor
beneficiaries and the
Nasciturus fiction
mainly)
3 Testate Succession:
• Chapter 3
1: 17/02/2020 General Rules
• Sections 3.1 – 3.5
– 21/02/2020 AC: 2.8 – 2.10
Testamentary
Capacity. • Chapter 4
4
AC: 2.11 – 2.12 • Sections 4.1 – 4.2
1: 24/02/2020
• Chapter 5.
–28/02/2020
Formalities for a Will. • Sections 5.1 – 5.4
AC: 3.1 – 3.2
5 Revocation and
• Chapter 6
1: 02/03/2020 Revival of Wills
• Sections 6.1 – 6.6
– 06/03/2020 AC: 3.3 – 3.5
6
Freedom of Testation • Chapter 8
1: 09/03/2020 Assignment
AC: 3.6 – 3.8, 5.1 • Sections 8.1 – 8.3
– 13/03/2020

ACADEMIC
16/03/2020 –
SHUTDOWN/
17/04/2020
RECESS

7 Types of bequests in
• Chapter 9
20/04/2020 – wills (Part 1)
• Sections 9.1 – 9.6
24/04/2020 AC: 3.9 – 3.12, 5.1
8 Types of bequests in
Take Home • Chapter 10
28/04/2020 – wills (Part 2)
test • Sections 10.1 – 10.9
30/04/2020 AC: 3.13, 5.1
9 Collation • Chapter 12
04/05/2020 – AC: 4.1 – 4.4 • Sections 12.1 – 12.3

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 08/05/2020
10 Content of Wills:
• Chapter 11
11/05/2020 – Trusts
• Sections 11.1 – 11.10
15/05/2020 AC: 4.5 – 4.8
11
Interpretation of Wills. • Chapter 13
18/05/2020 –
AC: 4.9 – 4.11 • Sections 13.1 – 13.6
22/05/2020
12 Pactum
• Chapter 14
25/05/2020- Successorium
• Section 14.1 – 14.3
29/05/2020 AC: 4.12 – 4.14
13 Administration of
• Chapter 16
01/06/2020 – Estates.
• Sections 16.1 – 16.3
05/06/2020 AC: 4.15 – 4.16
14 Final
08/06/2020 Formative • Week 1- week 13
- 12/06/2020 Assessment
All formative marks
19/06/2020
captured
Semester 2
20/07/2020 Teaching Period
Continues

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