Power of attorney to collect an inheritance abroad bequeathed to the principal

Massing of Estates

Estate massing involves two or more testators who consolidate a portion or the whole of their respective estates and jointly dispose of the
consolidated estate in a joint or mutual will. This is subject to the survivor receiving a limited beneficial interest in the estate such as a
fideicommissum or a usufruct. Massing will take place when the survivor of them accepts the terms of the will, that is, when the survivor adiates.

(Fideicommissum -owner of property transfers that property to another person, subject to it being transferred from that person to another
person at a later stage;

Usufruct – this enables the holder of the right to use certain property belonging to someone else and to enjoy the fruits subject to the
condition that the substance of the property be maintained).

Estate massing is referred to in Section 37 of the Administration of Estates Act and should therefore be relied upon when considering the consolidation of two separate estates.

Massing is not limited to only spouses who are married in community of property to each other, any two or more persons can mass their
respective estates.

When there is massing of only a portion of the joint estate, the survivor is at liberty to make a will dealing with the portion of the
estate that has not been massed.

Upon the death of the first dying testator the other testator(s) have an election to either accept (adiate) of decline (repudiate) the will.