Date Of Transaction

The term adiation is a term adopted from the Roman law signifying the acceptance of an inheritance by an heir. The heir is not bound to accept an inheritance, but must make a decision as to whether it will be accepted or not.

Over the years there has been much debate regarding the correct date to be used as the date of acquisition in these cases, more specifically on transfer duty receipts. This is because, in practice, when an inheritance is accepted there is usually no physical evidence of a separate adiation event, unless the heir repudiates the inheritance and it is subsequently accepted by another person in writing, or in the case of a massed estate where adiation is mandatory.