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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.
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 sequences of succession are thus entirely dependent on life-history characteristics such as the specific amount of energy a species allocates to growth. [ 3 ] The climax community is composed of the most "tolerant" species that can co-exist with other species in a more densely populated area.
The South African law of succession prescribes the rules which determine the devolution of a person's estate after his death, and all matters incidental thereto. It identifies the beneficiaries who are entitled to succeed to the deceased's estate, and the extent of the benefits they are to receive, and determines the different rights and duties that persons (for example, beneficiaries and ...
Initially, the word spouse in the Intestate Succession Act, 1987 was restrictively interpreted to mean only those spouses who had contracted a marriage in terms of the Marriage Act, 1961. [6] This interpretation has since been extended by case law, in recognition of the modern perception that there is a need to protect the interests of ...
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.
As a discipline, the law of persons forms part of South Africa's positive law, or the norms and rules which order the conduct or misconduct of the citizens. [3] [4] Objective law is distinguished from law in the subjective sense, which is 'a network of legal relationships and messes among legal subjects', [5] and which deals with rights, [6] [7] or 'the claim that a legal subject has on a ...
Early ecological succession theory maintained that the directional shifts from one stage of succession to the next were induced by the plants themselves. [1] In this sense, succession theory implicitly recognized priority effects; the prior arrival of certain species had important impacts on future community composition.