PVL 2602 -LAW OF SUCCESSION MCQ Exam Preparations.

LAW of succession MCQ Exam Preparations Question 1 Which one of the following persons will not be able to claim maintenance from the deceased in terms of the Maintenance of Surviving Spouses Act 27 of 1990? [1] The deceased’s wife in a monogamous Muslim marriage. [2] The deceased’s wife in a polygamous Muslim marriage. [3] The deceased’s heterosexual life partner. [4] The deceased’s homosexual life partner in a civil union. See Jamneck en Rautenbach (J & R) par 2.5.2 – 2.5.3. Question 2 Mr X dies intestate and is survived by his grandparents, P and Q on his father’s side and his uncle Z on his mother’s side only. How will his estate devolve? [1] Z will inherit one half of the estate and P and Q will share the other half of the estate. [2] P, Q and Z will each inherit one-third of the estate. [3] The uncle, Z will inherit the whole estate. [4] The grandparents, P and Q, will inherit the whole estate See J & R par 2.6.8. Question 3 According to Rhode v Stubbs 2005 (5) SA 104 (SCA) estate massing takes place when... [1] the surviving testator accepts a benefit in terms of a mutual will, irrespective of the intention of the parties to the mutual will. [2] a testator in a mutual will disposes of his/her own estate as well as of the estate of the other testator. [3] testators join their estates or portions of their estates, with the purpose of disposing of the joint unit in a will and the surviving testator then accepts a benefit in terms of the will. [4] testators married in community of property mutually benefit each other in a mutual will. Question 4 T provides in his will: “I leave R 20 000 to my daughter, F. She must receive this amount before any other benefit is paid out.” The bequest to F is called … [1] a modus. [2] a prelegacy. [3] an inheritance. [4] a bequest price. J & R par 9.3.1 (p 136). Question 5 When interpreting a will, which of the following sources may NOT be used? [1] The will itself. [2] Armchair evidence. [3] Extrinsic evidence to identify a beneficiary. [4] Evidence as to a statement made by the testator himself or herself as to what he or she intended. J & R par 13.4.3. Question 6 T provided as follows in his will: “I leave my farm to my brother, B and I bequeath the residue of my estate to my two sisters, M and N.” T leaves behind his mother, his brother B and his sisters M and N. B refuses to inherit. Who will inherit the farm and why? [1] The mother, because of section 2C(1) of the Wills Act 7 of 1953. [2] The sisters because they are the heirs of the residue. [3] The sisters because accrual takes place. [4] The mother and the sisters in terms of intestate succession. J & R par 9.3.1.1 (read with par 10.3.2 and par 10.9). Question 7 Which one of the following bequests provides an example of a joinder re et verbis? [1] “I bequeath my farm to John and Peter. John is to get the portion which lies north of the river, while Peter is to get the portion which lies south of the river.” [2] “I bequeath my farm to John and Peter.” [3] “I bequeath my farm to John and Peter in equal shares.” [4] “I bequeath my farm to John and my car to Peter.” J & R par 10.9.2. Question 8 Which one of the following provisions in a will creates a fideicommissary substitution? [1] “I bequeath my farm to my son, John. If John predeceases me, my son Peter should inherit the farm.” [2] “I bequeath my farm to my sons, John and Peter, in equal shares.” [3] “I bequeath my farm to my son, John. If John dies without children, the farm must go to my son Peter.” [4] “I bequeath the residue of my estate in trust to my sons, John and Peter.” J & R par 10.4.1.2.1. Question 9 Testator T provides as follows in his will: “I leave my estate in trust to my trustee, Mr X. My wife, W, must receive the income from the trust during her lifetime. At her death, my children P and J must receive the capital of the trust.” Who is the owner of the trust property after T’s death? [1] W [2] X [3] P and J [4] W, P and J. J & R par 11.3 and par 11.7. Question 10 What is the principle called according to which the executor of an estate must, under certain circumstances, take benefits given to certain heirs by the deceased during his lifetime into account when distributing the estate among certain beneficiaries? [1] Bequest price [2] Ademption [3] Collation [4] Prelegacy J & R par 12.1. Question 11 What is the process called where a court adds, deletes or changes something in a will because the testator had made a mistake when making the will and the will does not reflect his intention correctly? [1] Rectification [2] Deletion [3] Alteration [4] Ratification J & R par 13.6. Question 12 B and C were married in 2000. Shortly thereafter they made a mutual will, indicating that the survivor will inherit everything. Two children, D and S, were born from the marriage. In January 2009 they were divorced and in February 2009 B married W. Two weeks later B died in a car accident without changing his will. Who will inherit B’s estate? [1] C [2] W [3] D and S [4] W, D and S J & R par 13.3.1. Question 13 A pactum successorium in an antenuptial contract... [1] is valid in our law. [2] is invalid in our law. [3] has to comply with testamentary formalities. [4] may be revoked in a later will by one of the parties to the contract. Question 14 A donatio mortis causa... [1] is invalid in our law. [2] is valid if it complies with testamentary formalities. [3] may not be revoked by the donor. [4] restricts the freedom of testation of the donor. J & R par 14.3.2.1. Question 15 Testator Tom provided as follows in his will: “I leave my house to my wife, Wendy. The residue of my estate I bequeath to my sisters, Mary and Nina.” Tom and Wendy were killed in the same car accident. Tom’s only surviving relatives were his sisters, Mary and Nina, and his brother Ben. Wendy was survived by her sister, Susan. Who inherited Tom’s house? [1] Wendy, since that was what Tom provided in his will. [2] Susan, since she inherited the house from Wendy. [3] Mary and Nina, since they are Tom’s testate heirs. [4] Mary, Nina and Ben, since they are Tom’s intestate heirs. (a) A child's share is calculated by dividing the value of the intestate estate by the number of children of the deceased plus one. (3) False, a child's share is calculated by dividing the value of the intestate estate by the number of children of the deceased who have either survived him or have predeceased him but are survived by their descendants, plus one.