What is a Nudum Praeceptum?
(b) a disposition contained in it is a nudum praeceptum (unenforceable promise), illegal, against public policy (for example a condition which aims to break-up a marriage or is discriminatory), impossible, uncertain or subject to an unfulfilled condition.
What is a Fideicommissum residue?
A fideicommissum residue is a fideicommissum as described above with the exceptional condition that only whatever remains of it on the fulfilment of the fideicommissary condition is to go to the fideicommissarius If the Will is silent as to what portion of the fiduciary assets must remain to be transferred to …
What is the doctrine of Ademption?
The general rule of ademption states that when a property mentioned in a will is no longer in the estate’s possession, the property or its cash equivalent is not passed to the beneficiary. When this occurs, the property is considered adeemed.
What is a Nudun pactum?
Nudum pactum is a Latin term that translates as “naked agreement.” In law, it is an agreement in which there is no consideration. This means the agreement is not legally enforceable by law because it is not “dressed” with consideration, as legally required.
What is pactum Successorium?
A pactum successorium is an. ‘agreement which purports to limit a contracting party’s freedom of. testation by irrevocably binding him to post-mortem devolution of the. right to an asset in his estate.
What is the difference between usufruct and a fideicommissum?
is that usufruct is (legal) the legal right to use and derive profit or benefit from property that belongs to another person, as long as the property is not damaged while fideicommissum is a benefit bequeathed to a beneficiary who inherits the benefit, subject to the obligation of bequeathing it to another.
Is a fideicommissum a personal servitude?
In the Registrars Conference Resolution 17 of 1974 it was resolved that a condition constituting a fideicommissum may be accorded the status of a personal servitude and the provisions of section 68(1) Act 47 of 1937 may be applied where the fideicommissum lapses.
What is abatement in a will?
Abatement of debts and legacies is a common law doctrine of wills that holds that when the equitable assets of a deceased person are not sufficient to satisfy fully all the creditors, their debts must abate proportionately, and they must accept a dividend.
What is probate NSW?
Probate is a court order made by the Supreme Court of NSW which confirms that the will of the deceased is valid and gives permission to the executor to distribute the estate as described in the deceased person’s will.
What kind of legal institution is a fideicommissum?
A fideicommissum is a legal institution, where the owner of a property transfers this property to another person, subject to it being transferred from that person to yet another person at a later stage.
Which is an example of a fideicommissum bequest?
A fideicommissum is a type of bequest in which the beneficiary is encumbered to convey parts of the decedent’s estate to someone else. For example, if a father leaves the family house to his firstborn, on condition that she will it to her first child. It was one of the most popular legal institutions in ancient Roman Law for several centuries.
Which is the best legal definition of insanity?
Legal Definition of insanity. a : a disease, defect, or condition of the mind that renders one unable to understand the nature of a criminal act or the fact that it is wrong or to conform one’s conduct to the requirements of the law being violated.
How is a deed subject to the fideicommissum?
In other words, the deed is made subject to the fideicommissum. A is not described as a fiduciarius in the vesting clause. The only way of determining whether the property that was transferred to A is indeed subject to the fideicommissum, is by reading the testamentary condition in the deed.