PVL2602
EXAM PACK
FOR ASSISTANCE WITH THIS MODULE +27 67 171 1739
,PVL2602 OCTOBER NOVEMBER 2025 EXAM MEMO
Question 1
In which case did the Court order that the Intestate Succession Act 81 of 1987 had to be
applied to all intestate estates, irrespective of the cultural affiliation of the deceased?
Select one:
a. Minister of Education v Syfrets Trust Ltd 2006 (4) SA 205 (C)
b. Curators, Emma Smith Educational Fund v University of KwaZulu-Natal 2010 (6) SA 518
(SCA)
c. Volks v Robinson 2005 (5) SA 446 (CC)
d. Bhe v Magistrate, Khayelitsha (Commission for Gender Equality as Amicus Curiae);
Shibi v Sithole; South African Human Rights Commission v President of the Republic
of South Africa 2005 (1) SA 580 (CC)
The Constitutional Court held that the Intestate Succession Act applies to all intestate estates,
including those governed by customary law.
Question 2
In which case did the court hold that three types of rectification, namely correction of clerical
mistakes, the insertion of words that were left out by mistake and the deletion of words that
were inserted by mistake, are allowed in our law?
Select one:
a. Lello v Dales 1971 (2) SA 330 (A)
b. Van der Merwe v The Master 2010 (6) SA 544 (SCA)
c. Rens v Esselen 1957 (4) SA 8 (T)
d. Moses v Abinader 1951 (4) SA 537 (A)
This case authoritatively recognised the three permissible forms of rectification in South
African law.
,Question 3
Tom’s valid will provides as follows:
“I bequeath my Steinway piano to my eldest child, Audrey. On her death, the piano must go
to her eldest child, Amelia. On Amelia’s death the piano must go to her eldest child, yet to be
born. The piano must remain in my family and each descendant who inherits the piano is
bound to leave it to his or her eldest child.”
Which one of the following statements regarding this set of facts is correct?
Select one:
a. The bequest is contra bonos mores because a testator should not be allowed to rule from
the grave.
b. The piano will go to Susan free of any condition or burden since one cannot create a
fideicommissum over movable property.
c. The testator created a fideicommissum over the piano that will exist in perpetuity.
d. The second fideicommissary will become the unconditional owner of the piano.
A fideicommissum may be created over movable property and may endure indefinitely.
Question 4
A child’s portion is calculated …
Select one:
a. by dividing the estate by the number of surviving children or descendants plus surviving
spouses.
b. by dividing the deceased’s estate by the number of children who survived or
predeceased leaving descendants, plus the number of surviving spouses.
c. by dividing the estate by the number of descendants plus surviving spouses.
d. by dividing the estate by the number of children who survived or predeceased the
deceased.
, This reflects the statutory method in section 1 of the Intestate Succession Act.
Question 5
Choose a limitation that does not limit a testator’s freedom of testation:
Select one:
a. Maintenance claims
b. The Constitution
c. The age of 16
d. Public policy
A person attains testamentary capacity at 16, and this is not a limitation on freedom of
testation.
Question 6
In terms of section 20 of the Trust Property Control Act 57 of 1988, if the trustee’s estate is
sequestrated or placed under judicial management, he or she may be removed from office by
the …
Select one:
a. beneficiaries of the trust
b. Master
c. other trustees of the trust
d. trustees in cooperation with beneficiaries
The Act expressly grants this power to the Master.
Question 7
EXAM PACK
FOR ASSISTANCE WITH THIS MODULE +27 67 171 1739
,PVL2602 OCTOBER NOVEMBER 2025 EXAM MEMO
Question 1
In which case did the Court order that the Intestate Succession Act 81 of 1987 had to be
applied to all intestate estates, irrespective of the cultural affiliation of the deceased?
Select one:
a. Minister of Education v Syfrets Trust Ltd 2006 (4) SA 205 (C)
b. Curators, Emma Smith Educational Fund v University of KwaZulu-Natal 2010 (6) SA 518
(SCA)
c. Volks v Robinson 2005 (5) SA 446 (CC)
d. Bhe v Magistrate, Khayelitsha (Commission for Gender Equality as Amicus Curiae);
Shibi v Sithole; South African Human Rights Commission v President of the Republic
of South Africa 2005 (1) SA 580 (CC)
The Constitutional Court held that the Intestate Succession Act applies to all intestate estates,
including those governed by customary law.
Question 2
In which case did the court hold that three types of rectification, namely correction of clerical
mistakes, the insertion of words that were left out by mistake and the deletion of words that
were inserted by mistake, are allowed in our law?
Select one:
a. Lello v Dales 1971 (2) SA 330 (A)
b. Van der Merwe v The Master 2010 (6) SA 544 (SCA)
c. Rens v Esselen 1957 (4) SA 8 (T)
d. Moses v Abinader 1951 (4) SA 537 (A)
This case authoritatively recognised the three permissible forms of rectification in South
African law.
,Question 3
Tom’s valid will provides as follows:
“I bequeath my Steinway piano to my eldest child, Audrey. On her death, the piano must go
to her eldest child, Amelia. On Amelia’s death the piano must go to her eldest child, yet to be
born. The piano must remain in my family and each descendant who inherits the piano is
bound to leave it to his or her eldest child.”
Which one of the following statements regarding this set of facts is correct?
Select one:
a. The bequest is contra bonos mores because a testator should not be allowed to rule from
the grave.
b. The piano will go to Susan free of any condition or burden since one cannot create a
fideicommissum over movable property.
c. The testator created a fideicommissum over the piano that will exist in perpetuity.
d. The second fideicommissary will become the unconditional owner of the piano.
A fideicommissum may be created over movable property and may endure indefinitely.
Question 4
A child’s portion is calculated …
Select one:
a. by dividing the estate by the number of surviving children or descendants plus surviving
spouses.
b. by dividing the deceased’s estate by the number of children who survived or
predeceased leaving descendants, plus the number of surviving spouses.
c. by dividing the estate by the number of descendants plus surviving spouses.
d. by dividing the estate by the number of children who survived or predeceased the
deceased.
, This reflects the statutory method in section 1 of the Intestate Succession Act.
Question 5
Choose a limitation that does not limit a testator’s freedom of testation:
Select one:
a. Maintenance claims
b. The Constitution
c. The age of 16
d. Public policy
A person attains testamentary capacity at 16, and this is not a limitation on freedom of
testation.
Question 6
In terms of section 20 of the Trust Property Control Act 57 of 1988, if the trustee’s estate is
sequestrated or placed under judicial management, he or she may be removed from office by
the …
Select one:
a. beneficiaries of the trust
b. Master
c. other trustees of the trust
d. trustees in cooperation with beneficiaries
The Act expressly grants this power to the Master.
Question 7
