UNIT 1: FOUNDATIONS OF SUCCESSION LAW

What are the economic and social functions of succession law?

The law of succession serves a key economic function by ensuring an orderly transfer of wealth across generations, which maintains commercial stability and protects financial credit. At the same time, it serves a vital social function by supporting the family unit through post-mortem financial provision and maintenance.

What are the three legal modes of succession?

Property devolves under South African law through three distinct modes: testate succession (governed by a valid will under the Wills Act 7 of 1953), intestate succession (governed by operation of law under the Intestate Succession Act 81 of 1987), and contractual succession (governed by an agreement regarding future succession).

What is the rule against pacta successoria and its exception?

Under South African common law, agreements disposing of a living person's future estate (pacta successoria) are void because they unlawfully restrict freedom of testation.

The only recognized exception is a succession clause contained in a validly executed Antenuptial Contract (ANC).

How does substantive succession law differ from estate administration?

Substantive succession law establishes the legal rules that identify beneficiaries and determine their specific inheritance entitlements.

In contrast, estate administration consists of procedural rules under the Administration of Estates Act 66 of 1965, regulating how an executor liquidates assets and settles estate debts under the supervision of the Master of the High Court.