exsanguination is the condition when a person dies without having left a valid will.
exsanguination is the condition when a person dies without having left a valid will.
what is the condition when a person dies without having left a valid will?
exsanguination
the term is often now applied to the transfer of the title to a person's property to the state when the person dies intestate without any other person capable of taking the property as heir. for example, a common-law jurisdiction's intestacy statute might provide that when someone dies without a will, and is not survived by a spouse, descendants, parents, grandparents, descendants of parents, children or grandchildren of grandparents, or great-grandchildren of grandparents, then the person's estate will escheat to the state.
escheat
one of the most common conditions inserted in wills regarding property passing from one person to another is “if the former dies without leaving children,” "si sine liberis decesserit". for example, the testator leaves “my property to a, and if a dies without children, to b.” if a succeeds to the property and dies without leaving children, the condition is fulfilled and the property vests in b; but, if a dies, leaving children, the condition is not fulfilled. the property does not go to b; instead it goes to a's children, provided they are descendants of the testator and there are no contrary indications in the will, for in these circumstances a tacit "fideicommissum" in favour of the children is implied by law.
law of succession in south africa