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Forced heirship is a form of testate partible inheritance which mandates how the deceased's estate is to be disposed and which tends to guarantee an inheritance for family of the deceased. In forced heirship, the estate of a deceased ( de cujus ) is separated into two portions.
The gift would instead revert to the residuary estate or be granted under the law of intestate succession. If the deceased beneficiary was intended to inherit part or all of the residuary estate, then that portion of the estate would pass by intestate succession, as though the testator had left no will. This rule is referred to as the doctrine ...
The line of presidential succession follows the order of: vice president and president of the Senate. In case of death, permanent disability, or inability of these officials, the National Assembly shall, by law, provide for the manner of selection of the person who is to act as president until a president or vice president shall have qualified.
Although the Wills Act does not directly provide for holographic wills, the Law of Succession Amendment Act 43 of 1992 allows a court to waive any formal requirements if the court is satisfied the testator intended for a document to serve as their last will and testament. [8]
Intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of forced heirship automatically gives a deceased person's next-of-kin title to a large part (forced estate) of the estate's property by operation of law, beyond the power of the deceased person to defeat or exceed by testamentary gift.
The Constitution of Nigeria is the supreme law of the country. There are four distinct legal systems in Nigeria, which include English law, Common law, Customary law, and Sharia Law. English law in Nigeria is derived from the colonial Nigeria, while common law is a development from its post-colonial independence. [1]
A female testator is sometimes referred to as a testatrix (/ t ɛ s ˈ t eɪ t r ɪ k s /), plural testatrices (/ t ɛ s t ə ˈ t r aɪ s iː s /), particularly in older cases. [2]In Ahmadiyya Islam, a testator is referred to as a moosi, [3] who is someone that has signed up for Wasiyyat or a will, under the plan initiated by the Promised Messiah, thus committing a portion, not less than one ...
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.