PVL2602 Assignment 1 (DETAILED ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED

PVL2602 Assignment 1 (DETAILED ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references... Question 1 Thabo died intestate in 2025, leaving behind the following relatives: • His wives, Anna and Basetsana to whom he was married in terms of the customary law. Thabo had also been married to Dinah in terms of customary law, but she died in 2020. • His son, Cyril, was born from his marriage to Anna. Cyril has a daughter, Phula. • His grandchildren, Selo and Yvette, the children of a predeceased son, Ernest, born from the marriage to Anna. • His daughter, Malefu, was born from the marriage to Basetsana. He also had a son, Kabelo, with Basetsana, but Kabelo died in 2015. Kabelo was murdered by Cyril, who is serving a jail term for the murder. • His twin daughters, Lerato and Neo born from his marriage to the predeceased Dinah. • A grandson, Xilo, the child of Lerato. • His mother, Sarah. His father, Ben, is predeceased. The value of Thabo’s estate is R2 100 000. Explain how his estate is going to devolve and calculate how much each person will receive. Give reasons for your calculations. Also, indicate which relatives will not inherit, giving reasons. (15) Total Question 1: [15] PVL2602/102 3 Question 2 2.1 While on a business trip, Tsepo meets Yandi and has an affair with her. She threatens to tell his wife, Bongile, unless he makes a will leaving his entire estate to her. To prevent his wife from finding out about the affair, he decides to make a new will in which he bequeaths his entire estate to Yandi. Discuss the validity of the will considering the animus testandi requirement. (3) 2.2 After Tsepo’s death, Bongile found out about the affair and was so depressed that she wrote a suicide note in which she provided: “I want my entire estate to go to my grandparents Joe and Sophy.” She wrote her nickname “Bungy” at the end of this letter and committed suicide. She is survived by her fifteen-year-old twin daughters, Sara and Ruth. Answer the following questions on these facts: (a) Did Bongile “sign” the document as required by the Wills Act 7 of 1953? Explain your answer. (3) (b) Does Bongile’s suicide note comply with all the testamentary formalities for a valid will? Explain your answer. (3) (c) Suppose the document is not a valid will. What advice can you give Bongile’s grandparents that will enable them to inherit under the will? (8) (d) If you are unable to help Bongile’s grandparents to inherit in terms of the suicide note, who will inherit Bongile’s estate? Give reasons for your answer. (3) Total Question 2: [20] 4 Question 3 T's will contains the following bequest: "I leave my farm to my wife, Susan. When my son John reaches the age of thirty, the farm must be transferred into his name." Briefly discuss whether each of the following legal concepts occurs in this bequest and give reasons for your answers: 3(a) Resolutive condition (3) 3(b) Suspensive time clause (3) 3(c) Resolutive time clause (3) 3(d) Fideicommissum (3) 3(e) A nudum praeceptum (3) Question 1 Thabo died intestate in 2025, leaving behind the following relatives: • His wives, Anna and Basetsana to whom he was married in terms of the customary law. Thabo had also been married to Dinah in terms of customary law, but she died in 2020. • His son, Cyril, was born from his marriage to Anna. Cyril has a daughter, Phula. • His grandchildren, Selo and Yvette, the children of a predeceased son, Ernest, born from the marriage to Anna. • His daughter, Malefu, was born from the marriage to Basetsana. He also had a son, Kabelo, with Basetsana, but Kabelo died in 2015. Kabelo was murdered by Cyril, who is serving a jail term for the murder. • His twin daughters, Lerato and Neo born from his marriage to the predeceased Dinah. • A grandson, Xilo, the child of Lerato. • His mother, Sarah. His father, Ben, is predeceased. The value of Thabo’s estate is R2 100 000. Explain how his estate is going to devolve and calculate how much each person will receive. Give reasons for your calculations. Also, indicate which relatives will not inherit, giving reasons. (15) Total Question 1: [15] PVL2602/102 3 Question 2 2.1 While on a business trip, Tsepo meets Yandi and has an affair with her. She threatens to tell his wife, Bongile, unless he makes a will leaving his entire estate to her. To prevent his wife from finding out about the affair, he decides to make a new will in which he bequeaths his entire estate to Yandi. Discuss the validity of the will considering the animus testandi requirement. (3) 2.2 After Tsepo’s death, Bongile found out about the affair and was so depressed that she wrote a suicide note in which she provided: “I want my entire estate to go to my grandparents Joe and Sophy.” She wrote her nickname “Bungy” at the end of this letter and committed suicide. She is survived by her fifteen-year-old twin daughters, Sara and Ruth. Answer the following questions on these facts: (a) Did Bongile “sign” the document as required by the Wills Act 7 of 1953? Explain your answer. (3) (b) Does Bongile’s suicide note comply with all the testamentary formalities for a valid will? Explain your answer. (3) (c) Suppose the document is not a valid will. What advice can you give Bongile’s grandparents that will enable them to inherit under the will? (8) (d) If you are unable to help Bongile’s grandparents to inherit in terms of the suicide note, who will inherit Bongile’s estate? Give reasons for your answer. (3) Total Question 2: [20] 4 Question 3 T's will contains the following bequest: "I leave my farm to my wife, Susan. When my son John reaches the age of thirty, the farm must be transferred into his name." Briefly discuss whether each of the following legal concepts occurs in this bequest and give reasons for your answers: 3(a) Resolutive condition (3) 3(b) Suspensive time clause (3) 3(c) Resolutive time clause (3) 3(d) Fideicommissum (3) 3(e) A nudum praeceptum (3)