COURSE UNIT: FAMILY LAW II
The law of succession is the law that determines how a person’s belongings are to be shared after the person dies. Succession basically means the order in which things are to follow.
Succession is the act or right of legally or officially taking over a predecessor's office, rank, or duties. The acquisition of rights or property by inheritance under the laws of descent and distribution. There are basically three types of succession that is Testate Succession, Intestate Succession, and Partial testate partial Intestate.
This is where one dies leaving a will or a valid testamentary disposition. A person is said to have died testate when he left a valid will at the time of his death.
A WILL: Is defined as a written legal document that states what property one owns and how he would like to divide it after his death. It is also a declaration in a prescribed form of the intentions of the person making it of the matter which he wishes to take effect on or after his death. A will also states who should be in charge of dividing the property. A will does not limit the testator’s right of ownership and accordingly the testator remains free to sell or make an inter vivos gift to his property the rest of his life. A will has no effect until the testator dies. This is the basic characteristic of a will and usually expressed by saying that a will by its nature is ambulatory until the testator dies.
In Wonnacott Vs Loewen the defendant had moved in with the deceased and the two had planned to marry after the defendants divorce was granted. The deceased wished to give security to the defendant and so they consulted a solicitor. Certain documents were prepared and filled and in these the deceased gave the defendant the residential property to be used in the event of the deceased's death. The deceased could revoke this transfer on payment of $60,000 which he did not do. The divorce of the defendant was delayed and the deceased...