Answer to Question #201411 in Law for Shan

Question

Testator Tom’s will provides as follows: To my son, Kobus, I leave my farm Sandfontein. When he turns 60 years of age, the farm must go to my grandson, Koos, and then when he turns 60, to his eldest son, Tebogo. Give a definition of each of the following legal concepts and indicate whether they appear in this provision. Give reasons for your answer:.. Suspensive condition (2 marks)

Answer 1

Suspensive condition refers to a clause or condition within a contract that stipulates specific criterion(s) that should be met before the contract comes into effect.

Resolutive time clause refers to a clause that provides a time frame in which the stipulated obligations in the contract are in effect.

Fideicommissary substitution is where upon certain events like death, the inheritance and obligations are passed on to the heir to preserve and eventually pass on to the next heir.

The provision is seen to have all the three legal concepts in play. The first is the Fideicommissary substitution concept since the inheritance in the will is to be passed down the family line. Secondly, the suspensive condition since every heir has to wait till their predecessors turn 60 for the inheritance to be passed down to them. Thirdly involves the resolutive time clause since whenever the successful heir turns 60, the inheritance is passed down to incoming heir.