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Term Definition

If any two or more persons have by their mutual will massed the whole or any specific portion of their joint estate and disposed of the massed estate or of any portion thereof after the death of the survivor or survivors or the happening of any other event after the death of the first-dying, conferring upon the survivor or survivors any limited interest in respect of any property in the massed state, then upon the death after of the first-dying, adiation by the survivor or survivors shall have the effect of conferring upon the persons in whose favour such disposition was made, such rights in respect of any property forming part of the share of the survivor or survivors of the massed estate as they would by law have possessed under the will if that property had belonged to the first-dying; and the executor (must) frame (the) liquidation and distribution account accordingly. An example of massing is when testators (married in community of property) mass their estates in their joint will and provide that on the death of the first dying the whole of their massed estate devolves upon their children, subject to a usufruct in favour of the survivor. If the survivor accepts (adiates) the terms of the will after the death of the first-dying, massing occurs. The effect of this is that the survivor waives his/her right to the half-share of the joint estate in exchange for the usufruct over the whole joint estate.