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The Law of Succession in South Africa (Hard Cover),3rd Edition

The Law of Succession in South Africa (Hard Cover),3rd Edition

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Product Details:

Author(s): Hofmeyr, G,Paleker, M
Page count: 1196
ISBN: 9781485107279
Languages(s): English,
Year Published: 2023
Categories: Wills, Estates and Trusts, Law,
Type: Print

About this publication

The Law of Succession in South Africa is the third edition of this highly regarded work, providing a comprehensive discussion of all aspects of the law of succession. Building upon the substantial contributions of Mr Justice Corbett and Professor Ellison Kahn, the new edition brings the law up to date and includes commentary on new developments since the last edition.

The Law of Succession in South Africa provides all-new commentary on developments, especially those brought about as a result of the re-evaluation of legal positions in light of the advent of the constitution. 

Content

PART I: GENERAL 1

  • Chapter 1: Introduction
  • Chapter 2: Basic Concepts: The Legal Position of Executors, Heirs  and Legatees: Adiation and Repudiation
  • Chapter 3: Collation

PART II: TESTAMENTARY SUCCESSION

  • Chapter 4: Testamentary Succession in General
  • Chapter 5: Formalities and the Execution of Wills, Amendments  of Wills, and Incorporation by Reference
  • Chapter 6: Capacity to make a will and to witness a will
  • Chapter 7: Capacity to Benefit under a Will or on Intestacy
  • Chapter 8: Invalidity of Wills Generally: Mistake, Fraud, Duress and Undue Influence; Revocation and Revival
  • Chapter 9:The Custody and Registration of Wills
  • Chapter 10: The Appointment of Heirs and Legatees: Dies, Conditions
  • Chapter 11: Vesting
  • Chapter 12: Substitution
  • Chapter 13: Legacies
  • Chapter 14: Accrual
  • Chapter 15: Fideicommissum
  • Chapter 16: Special Fideicommissa, Modus, Prohibitions and Restraints on Alienation and Powers of Appointment
  • Chapter 17: Usufruct, Usus and Habitatio
  • Chapter 18: Trusts
  • Chapter 19: Massing, Election and Continued Community of Property
  • Chapter 20: Interpretation: Principles
  • Chapter 21: Interpretation: Canons of Construction and Presumptions
  • Chapter 22: Interpretation: Specific Words and Phrases

PART III: INTESTATE SUCCESSION

  • Chapter 23: Intestate Succession 

PART IV: CONFLICTS OF LAWS

Chapter 24: The Conflict of Laws in the South African Law of Succession

PART V: LITIGATION

  • Chapter 25:Litigation in Succession Matters

Annexure 1

Annexure 2

 

Index

 


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