Question

(b) Explain the effect of cession and the circumstances under which it is not allowed. (5)

Answer 1

When a person died he/she leaves behind what is known as a deceased estate which consist of all his/her assets and liabilities.This estate is administered by one or more executors under the letters of executorship granted by the Master. It is the duty of the executor to pay all the debts of the deceased, realizing the assets of the estate if necessary. After payment of all debs, the remaining balance must be distributed among the heirs or beneficiaries. The estate of the deceased vests in the executor who consequently becomes the legal owner of the assets but he/she has only bare dominium or naked ownership and not beneficial ownership, that is to say benefit accrues to the executor from this ownership.