Global InformationTestate succession in South African law information
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Testate succession exists under the law of succession in South Africa.
Testamentary succession takes place by virtue of either a will or a codicil:
- A will or testament is a declaration, in proper form, by a person known as the "testator" or "testatrix," as to how and to whom his or her property is to go after his or her death.
- A codicil is a second or later will, either annexed to the original will or in a separate document. It is usually employed to supplement and to make alterations to the original will. By virtue of the Wills Act, 1953, a codicil is included within the definition of "will."
The date of execution of a will is the date on which the will is signed. Before 1954, when the Wills Act, 1953 came into force, all provinces had their own legislation regulating the law of testate succession; now the Wills Act, 1953 has uniformed the law in this regard.
When dealing with a will which may have been executed under suspicious circumstances, it is important to investigate whether the testator wanted to execute a will and whether he did so freely.
Once these requirements have been fulfilled, and once it has been established that the formalities have been complied with, the executor is appointed. He has to deal with the general winding-up of the estate.
Adiation and repudiation form the basis of succession, as it is important to know whether a beneficiary adiates or repudiates a benefit before the executor can begin with the final liquidation and distribution of an estate.