PVL 2602 EXAM PACK.

CONTENTS PAGE PVL 2602 MAY-JUNE 2019 PAGE 3. PVL 2602 OCT-NOV 2018 PAGE 9. PVL 2602 MAY-JUNE 2017 PAGE 12. PVL 2602 MAY –JUNE 2016 PAGE 18. PVL 2602 OCT – NOV 2016 PAGE 29 PVL 2602 MAY -JUNE 2015 PAGE 37. PVL 2602 OCT-NOV 2014 PAGE 42. 3 | P a g e PV L 2602 MAY/JUNE 2019 EXAM MEMO SECTION A 1. 3 2. 2 3. 3 4. 1. 5. 1 6. 1 7. 2 8. 3. 9. 1 10. 4 11. 1 12. 1 13. 1 14. 1 15. 4 4 | P a g e SECTION B QUESTION 1 Derrick’s estate will be devolved as follows: Derrick’s estate is worth R 2 500 000.00 (1) Prior to the coming into operation of the Recognition of Customary Marriages Act on 15 November 2000, customary marriages were recognized only for limited purposes, because they permit polygyny and are not solemnized in terms of the Marriage Act. Section 2 of the Recognition of Customary Marriages Act conferred full legal recognition on monogamous and de facto polygynous customary marriages regardless of when they were concluded. (2) In Bhe v Magistrate, Khayelitsha 2005 (1) SA 580 (CC) the court held that the word “spouse or survivor” as used in the Intestate Succession Act 81 of 1987, includes a surviving partner in a monogamous and polygynous customary marriage. As a result all the spouses are entitled to inherit. (3) Therefore since this is a polygamous marriage in this instance Derrick is married out of community of property, since he cannot have a joint estate with more than one wife. (4) The deceased is survived by spouses and children - section 1(1)(c) of the Wills Act is applicable and provides that the spouses will inherit either a child’s portion or R250 000, whichever is greater (5) A child’s portion is calculated by dividing the value of the intestate estate by the number of the children of the deceased who have either survived him, (6) or have predeceased him but are survived by their descendants, (7) plus the number of surviving spouses. (8) Therefore, in this case, a child’s portion equals R2 500 000 ÷ 5 = R500 000.00 (Christopher, Thabiso, Bongani + Wendy and Nontombeko). (9) Since a child’s portion of R500 000 is more than the statutory minimum amount of R250 000, each wife will receive R500 000. (10) The value of the remaining estate is R2 500 000 – R100 000 (R500 000 x 2) = R1 500 000 (11) The residue of R1 500 000. will be shared by the descendants: Sibongile and Kopano (representing predeceased son Christopher) ,Thabiso and Bongani. (12) Therefore sibongile =R 250 000 , kopane = 250 000, thabiso = R 500 00 and Bongani= R 500 000.