Topic: Aspects of execution of wills
Earn 1.5CPD points.
Speaker: Professor Linda Schoeman
Date: 30 August 2023
Time: 10 am
Duration: 90 minutes
Link to Zoom: https://us02web.zoom.us/j/81482094977?pwd=aExFM2JzeFhSN2dnZzdWUkcvZ2Y5Zz09
Prof Linda will be covering the following topics:
1. The requirements for a valid will
1.1 Statutory provisions
1.2 Non-compliance/Condonation by the Court
1.3 Revocation
2. Caution to be taken when drafting a will
2.1 Testamentary capacity
2.2 Knowledge of testamentary institutions
2.3 Limitations on freedom of testation
3. Content of a will
3.1 Modal clauses
3.2 Vesting of rights
3.3 Substitution
4. Massing
4.1 Statutory massing
4.2 Consequences of statutory massing
4.3 Election
5. Successive substitution – Fideicommissum
5.1 Fideicommissum - legal institution
5.2 Creation of a fideicommissum
5.3 Nature of the beneficiaries’ rights
5.4 Fideicommissum residui.
5.5 Statutory limitations
5.6 Recent developments
6. Usufruct
6.1 Creating a usufruct.
6.2 Vesting of rights
About the speaker:
Professor MC Schoeman-Malan (Linda) is currently an emeritus professor in the Department of Private Law in the Faculty of Law, University of Pretoria.
She is an advocate of the High Court.
She has lectured at under- and postgraduate levels on the law of succession, administration of estates, and law of persons for 37 years.
She is the co-author of the textbooks Law of Succession and Deceased Estates currently in their fifth and eleventh editions, respectively.
She has published more than 50 peer-reviewed research articles on the broader field of the law of succession and administration of estates.
She received the Teaching Excellence and Innovation Faculty of Law Award in 2014 and hold a National Research Fund rating for two consecutive terms.
She annually delivered papers at national and international conferences.
Since her retirement, she has annually presented webinars for the Law Institute on a variety of topics regarding Wills and the Administration of Estates.