PVL2602 - MCQ Test Bank (2022)
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PVL2602
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PVL2602 TEST BANK
Question 1
Nimoy and Vickie were married in community of property. On 2 March
2011, Nimoy died intestate.
Nimoy is survived by:
his wife, Vickie
his adopted brother, Barry;
two granddaughters, Winnie and Lisa (the daughters of Nimoy‟s
predeceased son, Celestine. Celestine was born of a previous
marriage between Nimoy and Grace);
an extra-marital son, Gary;
Harry and Isaac, the sons of Gary (Harry and Isaac were born of the
marriage between Gary and Zinzi).
At his death, the joint estate of Nimoy and Vickie amounted to R360 000
(net value after all debts of estate have been paid). Distribute Nimoy‟s
estate. (10)
ANSWER:
From Nimoy‟s relations we can exclude the following persons for the
purposes of intestate succession:
1) Barry – although he is the deceased‟s adopted brother and is a
potential intestate heir since his adoption has the effect of treating him
as if he were a natural collateral relation of the deceased, the fact that
the deceased‟s has closer relations, excludes Barry from inheriting.(1)
2) The deceased‟s grandsons Harry and Isaac – they will not inherit
because their father Gary is still alive. (1)
Distribution of the estate:
3) The first step is to divide the joint estate equally between the spouses
who was married in community of property. Each spouse obtains 50%
in terms of the matrimonial property regime. Thus R360 000 ÷ 2 =
R180 000. Vickie immediately receives R180 000 as this is the share
that she entitled to in terms of matrimonial property law. (1) [Note:
She does not inherit this amount, but receives it in terms of matrimonial
property law.]
4) In addition to this, Vickie is also entitled to inherit in terms of the
Intestate Succession Act. She inherits either a child‟s portion or the
ministerial amount (at present R125 000) whichever is the greater.(1)
[See section 1(1)(c) of the Act.]
5) According to the Act, a child‟s portion is obtained by dividing the
deceased estate by the number of children who have survived
the deceased (1)
6) and the children who have predeceased the deceased but are
survived by their descendants (1)
7) Plus the number of spouses (1). [The explanation of this calculation is
very important and earns 3 marks for a completely correct
explanation or no marks if it is partially correct. Note that it is not only
“the number of children of the deceased”...]
1
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8) Thus: A child‟s share is R180 000 † 3 = R60 000. (1) [Note: The estate
marketplace
is divided by 3 because there are two children who survived the
deceased or who left descendants, namely Gary and Celestine, and
there is one spouse, Vickie. Thus:
2
Stuvia.com - The study-notes marketplace
PVL2602
MCQ Test Bank
Notes. Memo.
Questions. Answers
Downloaded by: ssmolelekoa | Distribution of this document is illegal
Page 1 of 122
, Stuvia.com - The study-notes
marketplace
PVL2602
MCQ Test Bank
Notes. Memo.
Questions. Answers
, Stuvia.com - The study-notes
marketplace
PVL2602 TEST BANK
Question 1
Nimoy and Vickie were married in community of property. On 2 March
2011, Nimoy died intestate.
Nimoy is survived by:
his wife, Vickie
his adopted brother, Barry;
two granddaughters, Winnie and Lisa (the daughters of Nimoy‟s
predeceased son, Celestine. Celestine was born of a previous
marriage between Nimoy and Grace);
an extra-marital son, Gary;
Harry and Isaac, the sons of Gary (Harry and Isaac were born of the
marriage between Gary and Zinzi).
At his death, the joint estate of Nimoy and Vickie amounted to R360 000
(net value after all debts of estate have been paid). Distribute Nimoy‟s
estate. (10)
ANSWER:
From Nimoy‟s relations we can exclude the following persons for the
purposes of intestate succession:
1) Barry – although he is the deceased‟s adopted brother and is a
potential intestate heir since his adoption has the effect of treating him
as if he were a natural collateral relation of the deceased, the fact that
the deceased‟s has closer relations, excludes Barry from inheriting.(1)
2) The deceased‟s grandsons Harry and Isaac – they will not inherit
because their father Gary is still alive. (1)
Distribution of the estate:
3) The first step is to divide the joint estate equally between the spouses
who was married in community of property. Each spouse obtains 50%
in terms of the matrimonial property regime. Thus R360 000 ÷ 2 =
R180 000. Vickie immediately receives R180 000 as this is the share
that she entitled to in terms of matrimonial property law. (1) [Note:
She does not inherit this amount, but receives it in terms of matrimonial
property law.]
4) In addition to this, Vickie is also entitled to inherit in terms of the
Intestate Succession Act. She inherits either a child‟s portion or the
ministerial amount (at present R125 000) whichever is the greater.(1)
[See section 1(1)(c) of the Act.]
5) According to the Act, a child‟s portion is obtained by dividing the
deceased estate by the number of children who have survived
the deceased (1)
6) and the children who have predeceased the deceased but are
survived by their descendants (1)
7) Plus the number of spouses (1). [The explanation of this calculation is
very important and earns 3 marks for a completely correct
explanation or no marks if it is partially correct. Note that it is not only
“the number of children of the deceased”...]
1
, Stuvia.com - The study-notes
8) Thus: A child‟s share is R180 000 † 3 = R60 000. (1) [Note: The estate
marketplace
is divided by 3 because there are two children who survived the
deceased or who left descendants, namely Gary and Celestine, and
there is one spouse, Vickie. Thus:
2
