PVL2602 - MCQ Test Bank (2022)

PVL2602 - MCQ Test Bank (2022) S - The study-notes marketplace PVL2602 MCQ Test Bank PVL2602 MCQ Test Bank Notes. Memo. Questions. Answers PVL2602 TEST BANK Question 1 Nimoy and Vickie were married in community of property. On 2 March 2011, Nimoy died intestate. Nimoy is surviv ed 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”...] 8) Thus: A child‟s share is R180 000 † 3 = R60 000. (1) [Note: The estate 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+1 = 3] Therefore Vickie will inherit R125 000 (because this is greater than the child‟s portion which is R 60 000). (1) 9) After the spouse‟s share is deducted, the residue of the deceased estate is divided equally between the deceased‟s stirpes. Each child and his or her descendants form a stirps. 0) The residue is: R180 000 - R125 000 = R55 000 (1) Thus: R55 000 ÷ 2 (because there are 2 stirpes, Celestine & Gary) = R27 500 per. (1) QUESTION 2 2.1 While on a business trip, Tsepo met Yandi and had an affair with her. She threatened to tell his wife, Bongile, unless he made a will leaving his entire estate to her. In order to prevent his wife from finding out about the affair, he made a new will in which he bequeathed his entire estate to Yandi. Discuss the validity of the will in light of the animus testandi requirement. (3) ............................................continued........................................................