PVL2602 Exam Pack 100% CORRECT ANS.
June 2017 SECTION A 1. 1 2. 4 3. 2 4. 3 5. 1 6. 2 7. 2 8. 4 9. 3 10. 4 11. 1 12. 3 13. 2 14. 2 15. 4 SECTION B Question 1 1.1 Ben -1 3 ⁄ (or 33.33%) Gabriel - 1 3 ⁄ (or 33.33%) Pria - 1 6 ⁄ (or 16.67%) Sabine - 1 6 ⁄ (or 16.67 1.2 Mary - 1 2 ⁄ (or 50%) Fred - 1 4 ⁄ (or 25%) Nana - 1 4 ⁄ (or 25%) 1.3 Barry -1 3 ⁄ (or 33.33%) Christian - 1 3 ⁄ (or 33.33%) Sarah - 1 3 ⁄ (or 33.33%) 1.4 Wanda - 1 2 ⁄ (or 50%) Brenda - 1 2 ⁄ (or 50%) 2 | P a g e 1.5 In terms of the common law, the State acquires the whole estate as bona vacantia. Question 2 2.1 Xander’s estate will devolve as follows (1) Binesh gets R900 000 (R1 800 000 ÷ 2) because Xander and Binesh were married in community of property and the joint estate has to be divided in terms of matrimonial property law. Please note that she does not inherit this amount. (2) The total value of Xander’s estate to be divided in terms of intestate succession law: R900 000. (3) Binesh is also entitled to inherit either a child’s portion or a statutory determined minimum amount of R250 000, whichever is the most (s 1(1)(c)). (4) A child’s portion is calculated as follows: the value of the estate is divided by the number of children (5) who have either survived the deceased (6) as well as the children who have predeceased him but are survived by descendants, (7) plus the number of spouses (two in this instance). (8) A child’s portion = R900 000 divided by 3 (Eliza, Fadi + 1) = R 300 000. (Eliza and Fadi are counted because they are predeceased and left behind children, Yamina and Jahida respectively) (9) Binesh therefore inherits R300 000 (as this is more than a child's share). (10)The remaining R600 000 (R900 000 – R 300 000) has to be divided equally between the 2 children Eliza and Fadi = R300 000 each (11) but because Eliza and Fadi are predeceased their shares of R300 000 each will go to Yamina and Jahida respectively (12)by way of representation (13)Madia and Parvez inherit nothing because they are ascendants and are excluded by descendants. 2.2 Yamina and Jahida would have each inherited R900 000 Question 3 3.1 Martin’s will is valid because it complies with all the prescribed formalities for a two page will. Martin signed at the end of the will and acknowledged it with his own signature in the presence of two or more
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- PVL2602 - Law Of Succession
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pvl2602 exam pack 100 correct ans