Paper 2 ยท 100 marks

Wills & Estates Syllabus

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Wills & Testate Succession

Drafting wills, codicils and the court's discretion on validity.

Drafting of Wills

Structure, attestation clauses, common drafting pitfalls.

Wills Act 7 of 1953, s 2(1)(a)

Amendments & Codicils

Valid amendments to a will and execution of codicils.

Wills Act 7 of 1953, s 2(1)(b)

Court's Overriding Discretion

When a court may declare a defective document a valid will.

Wills Act 7 of 1953, s 2(3)

Formalities & Capacity

Execution of wills, capacity, invalidity and revival.

Formalities & Execution

Witness requirements, signature, initialling each page.

Capacity

Capacity to make a will, to benefit, and on intestacy.

Invalidity Generally

Mistake, fraud, duress and undue influence.

Revocation & Revival

How wills are revoked, and when revival applies.

Custody & Registration

Safekeeping and lodging of wills with the Master.

Heirs, Legatees & Vesting

Dies, conditions, vesting, substitution, legacies, accrual.

Administration of Estates

Massed estates, intestate succession and estate administration.

Massed Estates

Mechanics and tax consequences of massing.

Intestate Succession

Order of succession when no valid will exists.

Intestate Succession Act 81 of 1987

Administration of Estates

Reporting, appointment of executor, winding up.

Administration of Estates Act 66 of 1965

Liquidation & Distribution Account

Drafting the L&D Account and supporting statements.

Liquidation Account

Listing assets and liabilities of the estate.

Recapitulation Statement

Reconciling cash on hand, payments and balances.

Distribution Account

Awarding the residue to heirs and legatees.

Income & Expenditure Account

Post-death income and administration expenses.

Fiduciary Asset Account

Reporting fiduciary assets that fall in.

Estate Duty Addendum

Calculating dutiable amount and duty payable.

Executor's Certificate

Final certification by the executor.

Estate Duty

Calculation of estate duty and duty payable.

Estate Duty Calculation

Section 4 deductions, s 4A abatement, apportionment.

Estate Duty Act 45 of 1955Notice R1942 of 23 September 1977 (Annuity Tables)

Spousal & Matrimonial Acts

Maintenance of spouses and matrimonial property regimes.

Maintenance of Surviving Spouses

Right to claim maintenance from the estate.

Maintenance of Surviving Spouses Act 27 of 1990

Matrimonial Affairs

Accrual claims and matrimonial property at death.

Matrimonial Affairs Act 37 of 1953, s 5(3)(b)