PVL2602 Assignment 1 (ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED

Well-structured PVL2602 Assignment 1 (ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!). QUIZ Question 1 Complete Mark 1.00 out of 1.00 Wanda was a successful businesswoman who owned a house and several other assets. She was married to Steven, who iscurrently unemployed. They had two daughters, Bea and Carla. Wanda was diagnosed with cancer and shortly thereafter sheapproached ABC Trust and Wills to draw up a will for her.She completed a form with the heading, “Instructions to draft a will” and indicated on the form that her estate must go to herdaughters. After this visit to the trust company, her health deteriorated suddenly. She died two weeks later without havingcompleted any further documents.The legal position is as follows: Select one: a. The form that she filled in at ABC Trust is not a valid will as it only contains instructions to draw up a will and as suchit cannot be condoned in terms of section 2(3) of the Wills Act 7 of 1953 because it was not her intention that itshould be her will. b. The form that she filled in at ABC Trust is not a valid will as it only contains instructions to draw up a will, but it canbe condoned in terms of section 2(3) of the Wills Act 7 of 1953 because she personally drafted the instructions. c. The form that she filled in at ABC Trust is not a valid will as it only contains instructions to draw up a will, but it canbe condoned in terms of section 2(3) of the Wills Act 7 of 1953 because she had signed it. d. The form that she filled in at ABC Trust and Wills is a valid will because it contains her intention about the division ofher estate. Question 2 Complete Mark 0.00 out of 1.00 Xander and Wendy were married out of community of property. They had two children, Anna and Ben. Anna died in 2005,leaving her two children, Deon and Ethel. Xander died intestate in 2020. He left behind his wife and his children andgrandchildren mentioned previously. His estate amounts to R600 000. How much will each beneficiary inherit? Select one: a. Wendy will inherit R200 000; Ben will inherit R200 000 and Deon and Ethel will each inherit R100 000. b. Wendy will inherit R250 00, Ben will inherit R175 000 and Deon and Ethel will each inherit R87 500. c. Wendy will inherit R400 000, Ben will inherit R100 000 and Deon and Ethel will each inherit R50 000. d. Wendy will inherit R300 000 and Ben will inherit R300 000. Question 3 Complete Mark 1.00 out of 1.00 In King v De Jager 2021 (4) SA 1 (CC) it was held that: Select one: a. A testator may discriminate against descendants unknown to him or her on the grounds of gender because a willdoes not involve the public sphere. b. Freedom of testation is not protected by the Constitution because it does not accord with public policy. c. A court may not refuse to enforce discriminatory testamentary provisions because that will amount to an arbitrarydeprivation of freedom of testation. d. Discrimination by a testator against descendants purely on the grounds of gender can never accord with publicpolicy. Question 4 Complete Mark 1.00 out of 1.00 Xander and Wendy were married out of community of property. They had two children, Anna and Ben. Anna died in 2005,leaving her two children, Deon and Ethel. Xander died intestate in 2023. He left behind his wife and his children andgrandchildren mentioned previously. His estate amounts to R 600 000.How much will a "child’s portion" be? Select one: a. R 250 000 b. R 200 000 c. R 300 000 d. R 125 000 Question 5 Complete Mark 1.00 out of 1.00 Tabitha married Gilbert in community of property in 1990. In 1996, they made a mutual will in which they left their house totheir only two children, John and Mimi, and appointed each other as the heir to the residue of the estate of the first deceased.In March 2023 Tabitha and Gilbert were divorced. In April 2023 Tabitha married Sam. Two days after the wedding, Tabithawas killed in a car crash. She had never changed her will. How will the residue of Tabitha’s estate devolve? Select one: a. John and Mimi will inherit the residue of the estate. b. Gilbert, John and Mimi will inherit the residue of the estate. c. Sam will inherit the residue of the estate. d. Sam, John and Mimi will inherit the residue of the estate. Question 6 Complete Mark 1.00 out of 1.00 As a general rule the courts will not allow a variation of the provisions of a will which is capable of being carried out. In thepast, however, variation of the provisions of a will was allowed in certain limited circumstances.Indicate in which one of the following circumstances variation of the will will NOT be allowed: Select one: a. Where the circumstances of the case demand a departure from the will. b. Where the strict enforcement of the testator’s provisions will result in the testator’s intentions being frustrated. c. Where there are more profitable ways to distribute the estate than those provided for in the will. d. Where the dispositions in the will are based on mistaken assumptions about the testator’s assets or liabilities. Question 7 Complete Mark 1.00 out of 1.00 In 2023 Thomas, a very frail old man, made a one page will in which he left his estate to his children. Thomas signed the willwith his mark in the presence of two witnesses and his attorney, one Johnson. The witnesses signed the will with theirsignatures immediately after the testator had signed the will with his mark. The attorney, Johnson, then signed the will andwrote the certificate required by section 2(1)(a)(v) at the top of the page. In the certificate, Johnson stated that the testatorwas known to him and that the will was the will of the testator. He then signed the certificate: “AP Johnson, attorney-at-law”.This will is invalid for the following reason: Select one: a. The attorney did not indicate his office as that of “commissioner of oaths”. b. The attorney did not use the specimen certificate provided in the Wills Act 7 of 1953. c. The attorney did not follow the exact wording of section 2(1)(a)(v). d. The certificate should have been attached immediately below the signatures of the testator and the witnesses andnot at the top of the page. Question 8 Complete Mark 1.00 out of 1.00 Which one of the following documents may NOT be accepted by a court as a will in terms of section 2(3) of the Wills Act 7 of1953? Select one: a. A will drafted by an attorney for the deceased, which document was signed by the deceased without two witnessesbeing present. b. Instructions on how to draft his will given by a deceased to his attorney. c. A document typed by the deceased on his computer before sending it by email to the beneficiary. d. A suicide note written by the deceased before he committed suicide. Question 9 Complete Mark 1.00 out of 1.00 Which one of the following provisions in a will contains a nudum praeceptum? Select one: a. I leave my farm to my sons, Charl and Peter. If one of them cannot inherit, my brother Dirk must inherit his share. b. I leave my farm to my son, John. John may not leave the farm permanently during his lifetime. c. I leave my farm to my son, Samuel, provided that he does not leave South Africa permanently. If he leaves SouthAfrica permanently, the farm must go to my brother Ben. d. I leave my farm to my son, Thomas. My wife Mary may live on the farm until her death. Question 10 Complete Mark 1.00 out of 1.00 Buhle Baloyi, a 94-year-old retired judge, was diagnosed with rheumatoid arthritis and as a result, he spent most of his days inbed, as he was in severe physical pain. He was looked after by his wife, Daisy Baloyi (67 years old), who took care of his dailyneeds.Buhle had had a will in place since 2001, in terms of which he bequeathed his entire estate to his wife, Daisy.Buhle’s condition took a turn for the worst in August 2023. He was hospitalised and placed on strong medication. DuringBuhle’s time in hospital, he was befriended by a nurse, Pamela (25 years old). Pamela treated Buhle with utmost kindness andtold Buhle that it is “an absolute honour to care for such a great public figure.” Pamela took it upon herself to read thenewspaper to Buhle every morning and told him that it is a shame that his wife does not take the time to do these little thingsfor him given the state of his health. Pamela also told the nursing staff that she wants "to win his heart!”Buhle sadly died on 16 August 2023. A handwritten piece of paper with the following words on it was found in the drawernext to his hospital bed: “I hereby revoke all previous wills and leave everything to my sweet Pamela.”It was signed by Buhle with his initials as well as by Pamela and two other nurses.You are an attorney at ERF Attorneys. Daisy consults with you on 19 August 2023, and states that she seeks to challenge thevalidity of Buhle’s new will. On what grounds can Daisy challenge the validity of this will? Select one: a. The fact that Buhle lacked testamentary capacity because of his advanced age. b. The fact that Buhle lacked volition due to undue influence. c. The fact that a beneficiary signed as a witness. d. The fact that the will lacked formalities because Buhle signed with his initials. Question 11 Complete Mark 1.00 out of 1.00 Tom’s valid will provides as follows: “I leave my estate in trust to my trustee, Xolisa. My wife, Wanda, must receive the income from the trust during herlifetime. At her death, my children, Peter and John must receive the capital of the trust.” Who is the owner of the trust property after Tom’s death? a. Wanda, Peter and John b. Wanda c. Xolisa d. Peter and John Question 12 Complete Mark 1.00 out of 1.00 At what age does a person attain testamentary capacity? Select one: a. 14 b. 18 c. 16 d. 21 Question 13 Complete Mark 1.00 out of 1.00 Teddy’s valid will provides as follows: “I leave my house in Pretoria to my daughter, Delilah. If Delilah dies without children, the house must go to my brotherBandile after her death.” The bequest of the house to Delilah is subject to a … Select one: a. modus. b. usufruct in favour of Bandile. c. fideicommissum tacitum in favour of Delilah’s children. d. direct substitution in favour of Bandile. Question 14 Complete Mark 1.00 out of 1.00 Thando’s valid will contains several legacies. In the last clause, the will provides as follows: 'The residue of my estate, I leaveto my children Dumisani, Carol and Kwanele in equal shares.'The bequest of the residue of the estate to the children is known as... Select one: a. an inheritance. b. accrual. c. a legacy. d. a prelegacy. Question 15 Complete Mark 1.00 out of 1.00 Identify the IN statement regarding the Reform of Customary Law of Succession Act (RCLSA) 11 of 2009: Select one: a. The RCLSA introduces the concept of freedom of testation into the customary law of succession. b. The RCLSA recognises the application of the Intestate Succession Act 81 of 1987 to woman-to-woman marriages interms of customary law. c. In terms of the RCLSA a spouse of a deceased in a substitute marriage is considered as a descendant of thedeceased. d. The RCLSA excludes the working of the Intestate Succession Act 81 of 1987 in the case of a deceased married interms of customary law. Question 16 Complete Mark 1.00 out of 1.00 The difference between an "estate" and the "residue of an estate" is ... Select one: a. an estate consists of the assets of the deceased. The residue of an estate consists of the liabilities of the deceased. b. an estate consists of the assets and liabilities of the deceased. The residue of the estate refers to that part of thedeceased's estate which remains after the payment of funeral expenses, administration costs, tax, the testator'sdebts and the legacies. c. an estate consists of the assets and liabilities of the deceased. The residue of the estate refers to that part of thedeceased's estate which remains after the payment of funeral expenses, administration costs, tax, the testator'sdebts, legacies and inheritances. d. an estate consists of the assets and liabilities of the deceased. The residue of the estate refers to that part of thedeceased's estate which remains after the liabilities have been paid. Question 17 Complete Mark 1.00 out of 1.00 A person who has murdered the deceased, or who has murdered certain relatives of the deceased, may not inherit from thedeceased. Which relatives are referred to? Select one: a. Parent, child, spouse, brother or sister b. Parent, child or spouse c. Parent, child, spouse, brother, sister or grandparent d. Parent, child, brother or sister Question 18 Complete Mark 1.00 out of 1.00 Tiaan’s valid will provides as follows: “I leave my farm to my son, Siya, on condition that he is picked to play for the Springbok rugby team. If he has not beenpicked by 2025, the farm must go to my daughter, Dina. My wife, Wilma, will have a usufruct over the farm until herdeath.” When will dies cedit take place for Siya? Select one: a. At Tiaans’s death. b. When he is picked to play for the Springboks. c. In 2025. d. At Wilma’s death. Question 19 Complete Mark 1.00 out of 1.00 Xavier dies intestate and leaves the following relatives: Fred, his father; George, his grandfather on his mother’s side (his mother, Mary is predeceased); Brad, his half-brother who was born from his mother’s first marriage to Ken; Stan, the son of his predeceased full brother, Dan. The total value of Xavier’s estate is R800 000. How will Xavier's estate devolve? Select one: a. Fred will inherit R400 000. George will inherit R200 000. Stan and Brad will inherit R100 000 each. b. Fred will inherit R400 000. Dan and Brad will inherit R200 000 each. c. Fred and George will inherit R400 000 each. d. Fred will inherit R400 000. Stan and Brad will inherit R200 000 each. Question 20 Complete Mark 1.00 out of 1.00 Thabo’s valid will provides as follows: “I leave my beach house to my sister, Siyabonga. If she emigrates after my death, the house must go to my brother, Ben.” The bequest of the beach house to Siyabonga is ... Select one: a. subject to a fideicommissum. b. subject to a direct substitution in favour of Ben. c. subject to a suspensive time clause. d. subject to a modus. Question 1 Question text Thabo’s valid will provides as follows: “I leave my beach house to my sister, Siyabonga. If she emigrates before my death, the house must go to my brother, Bheki.” The bequest of the beach house to Siyabonga is subject to a ... a. direct substitution in favour of Bheki. b. fideicommissum. c. suspensive condition. d. modus. The is: direct substitution in favour of Bheki. Question 2 Question text In which case did the Court order that the Intestate Succession Act 81 of 1987 had to be applied to all intestate estates, irrespective of the cultural affiliation of the deceased? a. Volks v Robinson 2005 (5) SA 446 (CC) b. Curators, Emma Smith Educational Fund v University of Kwazulu-Natal 2010 (6) SA 518 (SCA) c. Bhe v Magistrate, Khayelitsha (Commission For Gender Equality as Amicus Curiae); Shibi v Sithole; South African Human Rights Commission v President of the Republic of South Africa 2005 (1) SA 580 (CC) d. Minister of Education v Syfrets Trust Ltd 2006 (4) SA 205 (C) The is: Bhe v Magistrate, Khayelitsha (Commission For Gender Equality as Amicus Curiae); Shibi v Sithole; South African Human Rights Commission v President of the Republic of South Africa 2005 (1) SA 580 (CC) Question 3 Question text Which case provides authority for the statement that a testator may confer on trustees the power to appoint the income and capital beneficiaries of a trust from a group of persons designated by the testator? a. Braun v Blann and Botha 1984 SA 850 (A) b. Minister of Education v Syfrets Trust Ltd 2006 (4) SA 205 (C) c. Du Plessis v Strauss 1988 SA 105 (A) d. Van Zyl v Van Zyl 1951 (3) SA 288 (A) The is: Braun v Blann and Botha 1984 SA 850 (A) Question 4 Question text Mr and Mrs Smith were married out of community of property. They had two children, Anna and Ben. Anna died in 2005, leaving her two children, Deon and Ethel. Mr Smith died intestate in 2020. He left behind his wife and his children and grandchildren mentioned previously. His estate amounts to R 600 000. How much will a "child’s portion" be? a. R 250 000 b. R 300 000 c. R 200 000 d. R 125 000 The is: R 200 000 Question 5 Question text Thabo’s valid will provides as follows: “I leave my BMW motorbike to my friend, Frank. Frank must pay R20 000 to my brother Ben within 6 months of my death.” The bequest of the motorbike to Frank is ... a. subject to a suspensive condition. b. subject to a direct substitution in favour of Ben. c. subject to a terminative time clause. d. subject to a modus. The is: subject to a modus. Question 6 Question text Tabitha married Gilbert in community of property in 1990. In 1996, they made a mutual will in which they left their house to their only two children, John and Mimi, and appointed each other as the heir to the residue of the estate of the first deceased. In March 2020 Tabitha and Gilbert were divorced. In April 2020 Tabitha married Sam. Two days after the wedding, Tabitha was killed in a car crash. She had never changed her will. How will the residue of Tabitha’s estate devolve? a. John and Mimi will inherit the residue of the estate. b. Sam, John and Mimi will inherit the residue of the estate. c. Sam will inherit the residue of the estate. d. Gilbert, John and Mimi will inherit the residue of the estate. The is: Sam, John and Mimi will inherit the residue of the estate. Question 7 Question text Identify the IN statement regarding the Reform of Customary Law of Succession Act (RCLSA) 11 of 2009: a. The RCLSA recognises the application of the Intestate Succession Act 81 of 1987 to woman-to-woman marriages in terms of customary law. b. The RCLSA introduces the concept of freedom of testation into the customary law of succession. c. The RCLSA excludes the working of the Intestate Succession Act 81 of 1987 in the case of a deceased married in terms of customary law. d. In terms of the RCLSA a spouse of a deceased in a substitute marriage is considered as a descendant of the deceased. The is: The RCLSA excludes the working of the Intestate Succession Act 81 of 1987 in the case of a deceased married in terms of customary law. Question 8 Question text Which one of the following provisions in a will contains a nudum praeceptum? a. I leave my farm to my sons, Charl and Peter. If one of them cannot inherit, my brother Dirk must inherit his share. b. I leave my farm to my son, Samuel, provided that he does not leave South Africa permanently. If he leaves South Africa permanently, the farm must go to my brother Ben. c. I leave my farm to my son, John. John may not leave the farm permanently during his lifetime. d. I leave my farm to my son, Thomas. My wife Mary may live on the farm until her death. The is: I leave my farm to my son, John. John may not leave the farm permanently during his lifetime. Question 9 Question text In Harris v Assumed Administrator Estate Macgregor 1987 (3) SA 563 (A) it was held that where a testator died leaving a valid will which at a later date became inoperative, the intestate heirs have to be determined ... a. on a date to be determined by the Master. b. on the date of the testator’s death. c. on the date on which it becomes evident that the will has become inoperative. d. on a date to be determined by the Court. The is: on the date on which it becomes evident that the will has become inoperative. Question 10 Question text Xander died intestate in April 2020. Xander was married in community of property to Yandi. They had two children born from their union namely Ayanda and Ben. Ayanda and Ben both predeceased Xander and left no descendants. Xander’s father, Fred is also predeceased but Xander’s mother, Mary, is still alive. The value of Xander and Yandi’s joint estate is R. How much will Yandi inherit? a. R750 000 b. R c. R250 000 d. R The is: R Question 11 Question text Sanele made a valid will in 2017 but decided a few months later that he wanted to revoke the will. Which of the following methods would NOT constitute a valid revocation of the will? a. Sanele made a new will in which he included a clause revoking the previous will. b. Sanele drew a line through all the pages of the will. c. Sanele declared before witnesses that he was revoking his will. d. Sanele made a new will contrary to the provisions of the first will. The is: Sanele declared before witnesses that he was revoking his will. Question 12 Question text Tom died in 2018, leaving his wife Wendy, his daughter Daisy, Daisy’s minor son Fred, and Tom’s sister, Sarah. Daisy emigrated two years after Tom died. Tom’s valid will provides as follows: “I leave my house in town to my grandson, Fred, subject to the provision that while my wife, Wendy, is still alive she is entitled to stay in the house.” When did dies cedit and dies venit take place for Wendy and Fred respectively? a. For both Wendy and Fred dies cedit and dies venit took place when Wendy died. b. For Wendy both dies cedit and dies venit took place at the testator’s death; for Fred dies cedit took place at the testator’s death and dies venit took place at Wendy’s death. c. For Wendy both dies cedit and dies venit took place at the testator’s death; for Fred dies cedit and dies venit took place at Wendy’s death. d. For both Wendy and Fred dies cedit and dies venit took place when the testator died. The is: For Wendy both dies cedit and dies venit took place at the testator’s death; for Fred dies cedit took place at the testator’s death and dies venit took place at Wendy’s death. Question 13 Question text In which case did the Court hold that the definition of 'sign' includes the making of initials? a. Jhajbhai v The Master1971 (2) SA 370 (D) b. Harpur Govindamall 1993 (4) SA 751 (A) c. Kidwell v The Master 1983 (1) SA 509 (E) d. Smith v Parsons 2010 (4) SA 378 (SCA) The is: Harpur Govindamall 1993 (4) SA 751 (A) Question 14 Question text The late Tom executed a will in 2019 that had been prepared for him by his attorney. In this will, Tom appointed his nephew Peter and his friend Ben as his heirs. When Tom executed this will he was recovering from a serious illness and was unable to write or sign his name. As a result, his attorney’s secretary, Nola, signed the will on behalf of Tom and at his direction. In which circumstances will this will be valid? a. Nola signed in the presence of Tom’s friends Anna and Ben and they signed the will next to her signature. A policeman, P Chetty, was also present and wrote the following words on the will: “I certify that this is the will of Tom.” He then signed his name beneath this statement and stamped it with a rubber stamp that stated: “P Chetty, Police Constable, Commissioner of Oaths, Umbilo Police Station, Durban.” b. Nola signed in the presence of Tom’s friends Anna and Ben and they signed the will next to her signature. The next day Tom’s wife took the will to a police station where a policeman wrote the following words on the will: “I certify that this is the will of Tom.” The policeman then signed his name beneath this statement and stamped it with a rubber stamp that stated: “P Chetty, Police Constable, Commissioner of Oaths, Umbilo Police Station, Durban.” c. Nola signed in the presence of Tom’s friends Anna and Ben and they then signed the will next to her signature. A policeman, P Chetty, was also present. He wrote the following words on the will: “I certify that this is the will of Tom.” He then signed his name beneath this statement and stamped it with a rubber stamp that stated: “P Chetty, Police Constable, Umbilo Police Station, Durban.” d. Nola signed in the presence of a policemen who wrote the following words on the will: “I certify that this is the will of Tom.” The policeman then signed his name beneath this statement and stamped it with a rubber stamp that stated: “P Chetty, Police Constable, Commissioner of Oaths, Umbilo Police Station, Durban.” The next day, Tom’s wife took the document to Tom’s friends Anna and Ben and they then signed the will next to Nola’s signature. The is: Nola signed in the presence of Tom’s friends Anna and Ben and they signed the will next to her signature. A policeman, P Chetty, was also present and wrote the following words on the will: “I certify that this is the will of Tom.” He then signed his name beneath this statement and stamped it with a rubber stamp that stated: “P Chetty, Police Constable, Commissioner of Oaths, Umbilo Police Station, Durban.” Question 15 Question text Tom died in 2018, leaving his wife Wendy, his daughter Daisy, Daisy’s minor son Fred, and Tom’s sister, Sarah. Daisy emigrated two years after Tom died. Tom’s valid will provides as follows: “I leave my farm Rietfontein to my daughter Daisy on condition that she remains in South Africa. If she leaves South Africa permanently at any point in time, the farm must go to my sister, Sarah.” When will dies cedit and dies venit take place for Daisy and Sarah respectively? a. For Daisy both dies cedit and dies venit will take place at the testator’s death; for Sarah both dies cedit and dies venit will take place when Daisy emigrates. b. For Daisy dies cedit will take place at the testator’s death and dies venit when she emigrates; for Sarah both dies cedit and dies venit will take place when Daisy emigrates. c. For Daisy both dies cedit and dies venit will take place at the testator’s death; for Sarah dies cedit will take place at the testator’s death and dies venit when Daisy emigrates. d. For both Daisy and Sarah dies cedit and dies venit will both take place at the testator’s death. The is: For Daisy both dies cedit and dies venit will take place at the testator’s death; for Sarah both dies cedit and dies venit will take place when Daisy emigrates. Question 16 Question text The doctrine of election means that ... a. a beneficiary who has been sequestrated, has a choice whether to accept or repudiate a benefit in terms of a will. b. a beneficiary must choose whether he or she wants to inherit a benefit or not. c. a beneficiary who is left a benefit in a will and is burdened in the same will, must choose whether to accept the benefit and the burden or rather to repudiate the benefit and the burden. d. a beneficiary who is left a benefit to which a burden has been attached, must choose whether to inherit the benefit with or without the burden. The is: a beneficiary who is left a benefit in a will and is burdened in the same will, must choose whether to accept the benefit and the burden or rather to repudiate the benefit and the burden. Question 17 Question text Tiaan’s valid will provides as follows: “I leave my farm to my son, Siya, on condition that he is picked to play for the Springbok rugby team. If he has not been picked by 2025, the farm must go to my daughter, Dina. My wife, Wilma, will have a usufruct over the farm until her death.” When will dies cedit take place for Siya? a. In 2025. b. At Wilma’s death. c. When he is picked to play for the Springboks. d. At Tiaans’s death. The is: When he is picked to play for the Springboks. Question 18 Question text In 2019 Thomas, a very frail old man, made a one page will in which he left his estate to his children. Thomas signed the will with his mark in the presence of two witnesses and his attorney, one Johnson. The witnesses signed the will with their signatures immediately after the testator had signed the will with his mark. The attorney, Johnson, then signed the will and wrote the certificate required by section 2(1)(a)(v) at the top of the page. In the certificate, Johnson stated that the testator was known to him and that the will was the will of the testator. He then signed the certificate: “AP Johnson, attorney-at-law”. This will is invalid for the following reason: a. The certificate should have been attached immediately below the signatures of the testator and the witnesses and not at the top of the page. b. The attorney did not follow the exact wording of section 2(1)(a)(v). c. The attorney did not use the specimen certificate provided in the Wills Act 7 of 1953. d. The attorney did not indicate his office as that of “commissioner of oaths”. The is: The attorney did not indicate his office as that of “commissioner of oaths”. Question 19 Question text Tandi, a widower, asked his daughter-in-law, Sally, who is married to his son, Charlie, to draft a will for him. In the will he provides that an amount of R100 000 goes to his son Charlie and that the residue of the estate is to be divided in equal shares among his three children, Bongani, Charlie and Dillon. After Sally had typed the will, Tandi signed the will in the presence of all his children and his friends, Fred and Gina. Charlie and Gina then signed the will as witnesses. When Tandi died, he was survived by his three children only and left no other relatives. His estate amounted to R400 000. Dillon and Bongani are unhappy that Charlie will inherit a greater share of the estate. Choose the scenario that is applicable in these facts if Charlie cannot afford to get a court order: a. Charlie is disqualified from inheriting because he signed the will as a witness but, in terms of section 4A of the Wills Act 7 of 1953, he may inherit R200 000 because Fred was also present when the will was signed. b. Charlie is disqualified from inheriting because he signed the will as a witness and may not inherit anything from the estate. c. Charlie is disqualified from inheriting because he signed the will as a witness but, in terms of section 4A of the Wills Act 7 of 1953, he may inherit R200 000 if he can prove to the Master that he did not unduly influence Tandi. d. Charlie is disqualified from inheriting because he signed the will as a witness but, in terms of section 4A of the Wills Act 7 of 1953, he may inherit R133 333 as his intestate share. The is: Charlie is disqualified from inheriting because he signed the will as a witness but, in terms of section 4A of the Wills Act 7 of 1953, he may inherit R133 333 as his intestate share. Question 20 Question text Beth and Caro are both friends of Thabo. In which one of the following situations will Beth’s benefit accrue to Caro? a. Thabo leaves his car to Beth and his house to Caro. Beth dies before the testator. b. Thabo leaves his farm to Beth and Caro. Beth dies before the testator. c. Thabo leaves his farm to Beth and Caro. He also provides that if either one of them cannot inherit, Denice must take her share. After the testator’s death, Beth refuses to inherit. d. Thabo leaves his estate to Beth and Caro. Beth dies three months after the testator. The is: Thabo leaves his farm to Beth and Caro. Beth dies before the testator. Started on Friday, 5 May 2023, 10:52 AM State Finished Completed on Friday, 5 May 2023, 12:04 PM Time taken 1 hour 12 mins Marks 5.00/20.00 Grade 25.00 out of 100.00 Question 1 In Mark 0.00 out of 1.00 Buhle Baloyi, a 94-year-old retired judge, had been suffering from a prolonged respiratory infection from late 2018. In addition to this, he was diagnosed with rheumatoid arthritis and as a result, he spent most of his days in bed, as he was in severe physical pain. He was looked after by his wife, Daisy Baloyi (67 years old), who took care of his daily needs and assisted him with basic tasks such as eating and bathing. Buhle had had a will in place since 2001, in terms of which he bequeathed 50% of his estate to his wife, Daisy; 25% to his nieces and nephews; and the remaining 25% to various charitable organisations. Buhle’s condition took a turn for the worst in August 2020. He was hospitalised and placed on strong medication. During Buhle’s time in hospital, he was befriended by a nurse, Pamela (25 years old). Pamela treated Buhle with utmost kindness and told Buhle that it is “an absolute honour to care for such a great public figure.” Pamela took it upon herself to read the newspaper to Buhle every morning and told him that it is a shame that his wife does not take the time to do these little things for him given the state of his health. Pamela told the nursing staff that she adds flowers next to his bedside every morning “to brighten up his day, and to win his heart, of course!” Buhle sadly died on 16 August 2020. A handwritten piece of paper with the following words on it was found in the drawer next to his hospital bed: “I hereby revoke all previous wills and leave everything to my sweet Pamela.” It was signed by Buhle with his initials as well as by Pamela and two other nurses.You are an attorney at ERF Attorneys. Daisy consults with you on 19 August 2020, and states that she seeks to challenge the validity of Buhle’s new will. On what grounds can Daisy challenge the validity of this will? a. The fact that a beneficiary signed as a witness. b. The fact that the will lacked formalities because Buhle signed with his initials.  c. The fact that Buhle lacked volition due to undue influence. d. The fact that Buhle lacked testamentary capacity because of his advanced age. The is: The fact that Buhle lacked volition due to undue influence.  Dashboard / My courses / PVL2602-23-S1 / Welcome Message / Assessment 2 MENU  Question 2 Mark 1.00 out of 1.00 Question 3 In Mark 0.00 out of 1.00 Tom died intestate in 2020. Tom had four children, Ayanda, Bongani, Charlotte (adopted) and Dumi. Ayanda had 3 daughters, Eve, Fiona and Tara. Eve died in 2015. Ayanda constantly teased Charlotte about not being their sibling because she was adopted. On 15 April 2010, their argument got out of hand and Ayanda deliberately pushed Charlotte off the stairs, upon which Charlotte suffered a severe head injury and died. Charlotte was survived by her son, Siya. Ayanda was very sorry and Tom eventually forgave her. Ten years later, Tom died intestate and his estate was worth R 800 000. How will Tom’s estate devolve? a. R250 000 to Dumi, R250 000 to Bongani, R150 000 to Ayanda and R150 000 to Siya. b. R200 000 to Dumi, R200 000 to Bongani, R200 000 to Siya and R100 000 each to Fiona and Tara.  c. R250 000 to Dumi, R250 000 to Bongani, R150 000 to Siya and R75 000 each to Fiona and Tara. d. R300 000 each to Dumi and Bongani. The is: R200 000 to Dumi, R200 000 to Bongani, R200 000 to Siya and R100 000 each to Fiona and Tara. Tom died in 2018, leaving his wife Wendy, his daughter Daisy, Daisy’s minor son Fred, and Tom’s sister, Sarah. Daisy emigrated two years after Tom died. Tom’s valid will provides as follows: “I leave my house in town to my grandson, Fred, subject to the provision that while my wife, Wendy, is still alive she is entitled to stay in the house.” When did dies cedit and dies venit take place for Wendy and Fred respectively? a. For both Wendy and Fred dies cedit and dies venit took place when Wendy died. b. For Wendy both dies cedit and dies venit took place at the testator’s death; for Fred dies cedit and dies venit took place at Wendy’s death. c. For both Wendy and Fred dies cedit and dies venit took place when the testator died.  d. For Wendy both dies cedit and dies venit took place at the testator’s death; for Fred dies cedit took place at the testator’s death and dies venit took place at Wendy’s death. The is: For Wendy both dies cedit and dies venit took place at the testator’s death; for Fred dies cedit took place at the testator’s death and dies venit took place at Wendy’s death.  Dashboard / My courses / PVL2602-23-S1 / Welcome Message / Assessment 2 MENU Question 4 In Mark 0.00 out of 1.00 Question 5 In Mark 0.00 out of 1.00 Tom’s estate is worth R900 000. In 2018, Tom’s attorney, Peter drafted a will for Tom. In this will he left R100 000 to his wife Refilwe and R400 000 each to his sister, Dina and his brother, Sean. He left the residue of the estate to Refilwe, Dina and Sean in equal shares. He nominated his friend, Fred as executor of his estate in this will. The will was signed by Tom with his signature. Dina and Fred signed as witnesses. Tom died in 2020 and was survived by Refilwe, Sean and Dina as his only living relatives. How will the estate be divided? a. Refilwe will inherit R300 000; Sean will inherit R600 000 each and the Master will not appoint Fred as executor. b. Refilwe will inherit R100 000; Dina and Sean will inherit R400 000 each and the Master will not appoint Fred as executor. c. Refilwe will inherit R100 000; Dina and Sean will inherit R400 000 each and Fred will be the executor of the estate.  d. Refilwe will inherit R300 000; Sean will inherit R600 000 and Fred will be the executor of the estate. The is: Refilwe will inherit R300 000; Sean will inherit R600 000 each and the Master will not appoint Fred as executor. Testator Tina asked her daughter-in-law, Lindiwe, to write out a will for her. Lindiwe was married to Tina’s son, Ben. Tina dictated the will and Lindiwe wrote the will in her own handwriting. In the will, Tina bequeathed R10 000 to Lindiwe and R10 000 to Ben. Furthermore, she bequeathed her house to her son, Shorty, and all her personal belongings to her daughter, Dina. Fanie, a friend of the family, was nominated as the executor of Tina’s estate. Tina signed the will. Dina’s husband, Hector, and Fanie signed the will as witnesses. Which of the beneficiaries of the will are disqualified to take a benefit under the will in terms of section 4A(1) and 4A(3) of the Wills Act 7 of 1953? a. Lindiwe, Dina, Fanie, Ben b. Dina, Fanie c. Lindiwe, Shorty, Dina d. Fanie, Lindiwe  The is: Lindiwe, Dina, Fanie, Ben  Dashboard / My courses / PVL2602-23-S1 / Welcome Message / Assessment 2 MENU Question 6 In Mark 0.00 out of 1.00 Question 7 In Mark 0.00 out of 1.00 Which case provides authority for the statement that a testator may confer on trustees the power to appoint the income and capital beneficiaries of a trust from a group of persons designated by the testator? a. Du Plessis v Strauss 1988 SA 105 (A) b. Minister of Education v Syfrets Trust Ltd 2006 (4) SA 205 (C)  c. Van Zyl v Van Zyl 1951 (3) SA 288 (A) d. Braun v Blann and Botha 1984 SA 850 (A) The is: Braun v Blann and Botha 1984 SA 850 (A) Tabitha’s valid will provides as follows: "I leave my farm to my son Xavier and my wife Victoria. The residue of my estate goes to my brother, Bobby." Xavier, who has a son, Wim, repudiates his benefit. Thabitha is survived by Victoria, Xavier, Wim and Bobby. Who will inherit the farm? a. Victoria will inherit the farm in terms of section 2C(1) of the Wills Act 7 of 1953. b. Victoria will inherit the farm according to the accrual principle because Xavier and Victoria were joined by means of joinder re. c. Wim, Victoria and Bobby will inherit the farm according to intestate succession as the will is ineffective. d. Bobby will inherit the farm because it falls into the residue of the estate.  The is: Victoria will inherit the farm in terms of section 2C(1) of the Wills Act 7 of 1953.  Dashboard / My courses / PVL2602-23-S1 / Welcome Message / Assessment 2 MENU Question 8 In Mark 0.00 out of 1.00 Question 9 Mark 1.00 out of 1.00 The difference between an "estate" and the "residue of an estate" is ... a. an estate consists of the assets and liabilities of the deceased. The residue of the estate refers to that part of the deceased's estate which remains after the payment of funeral expenses, administration costs, tax, the testator's debts, legacies and inheritances.  b. an estate consists of the assets and liabilities of the deceased. The residue of the estate refers to that part of the deceased's estate which remains after the payment of funeral expenses, administration costs, tax, the testator's debts and the legacies. c. an estate consists of the assets and liabilities of the deceased. The residue of the estate refers to that part of the deceased's estate which remains after the liabilities have been paid. d. an estate consists of the assets of the deceased. The residue of an estate consists of the liabilities of the deceased. The is: an estate consists of the assets and liabilities of the deceased. The residue of the estate refers to that part of the deceased's estate which remains after the payment of funeral expenses, administration costs, tax, the testator's debts and the legacies. The moment when a beneficiary obtains a vested right to claim delivery of a bequeathed property unconditionally, is called ... a. an unconditional bequest. b. dies cedit.  c. dies venit. d. a time clause. The is: dies cedit.  Dashboard / My courses / PVL2602-23-S1 / Welcome Message / Assessment 2 MENU Question 10 Mark 1.00 out of 1.00 Question 11 In Mark 0.00 out of 1.00 The refusal of a beneficiary to accept a benefit from a deceased’s estate is known as ... a. restitution b. adiation c. rejection d. repudiation  The is: repudiation Toby dies intestate. He is survived by his spouse Wilma, his adopted son Bruce, and son Nelson. He is also survived by his grandchildren, Clark and Patty (the children of his daughter Valeria, who died a few years previously) and Xiomara and Yvonne, the children of Nelson. Nelson repudiates his right to inherit from his father. Toby and Wilma were married out of community of property with the inclusion of the accrual system. The value of Toby’s intestate estate amounts to R. Toby’s estate is entitled to R100 000 accrual from Wanda. How will Toby’s estate devolve? a. Wilma will inherit R600 000; Bruce will inherit R300 000; Clark and Patty will each inherit R150 000. b. Wilma will inherit R250 000; Bruce will inherit R250 000; Xiomara, Yvonne, Clark and Patty will each inherit R125 000.  c. Wilma will inherit R300 000; Bruce will inherit R300 000; Xiomara, Yvonne, Clark and Patty will each inherit R150 000. d. Wilma will inherit R500 000; Bruce will inherit R250 000; Clark and Patty will each inherit R125 000. The is: Wilma will inherit R600 000; Bruce will inherit R300 000; Clark and Patty will each inherit R150 000.  Dashboard / My courses / PVL2602-23-S1 / Welcome Message / Assessment 2 MENU Question 12 In Mark 0.00 out of 1.00 Question 13 In Mark 0.00 out of 1.00 Tom married Jonathan in terms of the Civil Union Act 17 of 2006 on 29 December 2016. Tom died on 10 October 2020 and left a valid will that he had made on 7 February 2017. This will provides as follows: “I leave my entire estate to my ex-girlfriend, Sadie. To Jonathan, who cheated on me, I leave nothing.” Jonathan’s position will be as follows: a. He can institute a claim for half of Tom’s estate against Sadie. b. He can inherit Tom’s estate intestate because, in terms of the Civil Union Act, he is considered to be in the same position as a spouse.  c. He can bring an application to declare the will invalid as it is illegal to disown one’s spouse. d. He can institute a claim for his reasonable maintenance needs until his death against Tom’s estate. Your is in. The is: He can institute a claim for his reasonable maintenance needs until his death against Tom’s estate. Tom’s valid will provides as follows: “I leave R 20 000 to my daughter, Fran. She must receive this benefit before any other benefit is paid out.” The bequest to Fran is called … a. an inheritance. b. a modus.  c. a prelagacy. d. a bequest price The is: a prelagacy.  Dashboard / My courses / PVL2602-23-S1 / Welcome Message / Assessment 2 MENU Question 14 Mark 1.00 out of 1.00 Question 15 In Mark 0.00 out of 1.00 Which one of the following statements regarding the legal position of the usufructuary is ? a. The usufructuary may only alienate or mortgage the property subject to the usufruct, with the cooperation of the nude owner. b. The usufructuary is the owner of the property subject to the usufruct. c. The usufructuary has a limited real right in the property subject to the usufruct.  d. The ownership of the usufructuary is subject to a terminative condition. The is: The usufructuary has a limited real right in the property subject to the usufruct. Tandi, a widower, asked his daughter-in-law, Sally, who is married to his son, Charlie, to draft a will for him. In the will he provides that an amount of R100 000 goes to his son Charlie and that the residue of the estate is to be divided in equal shares among his three children, Bongani, Charlie and Dillon. After Sally had typed the will, Tandi signed the will in the presence of all his children and his friends, Fred and Gina. Charlie and Gina then signed the will as witnesses. When Tandi died, he was survived by his three children only and left no other relatives. His estate amounted to R400 000. Dillon and Bongani are unhappy that Charlie will inherit a greater share of the estate. Choose the scenario that is applicable in these facts if Charlie cannot afford to get a court order: a. Charlie is disqualified from inheriting because he signed the will as a witness but, in terms of section 4A of the Wills Act 7 of 1953, he may inherit R200 000 if he can prove to the Master that he did not unduly influence Tandi.  b. Charlie is disqualified from inheriting because he signed the will as a witness and may not inherit anything from the estate. c. Charlie is disqualified from inheriting because he signed the will as a witness but, in terms of section 4A of the Wills Act 7 of 1953, he may inherit R200 000 because Fred was also present when the will was signed. d. Charlie is disqualified from inheriting because he signed the will as a witness but, in terms of section 4A of the Wills Act 7 of 1953, he may inherit R133 333 as his intestate share. The is: Charlie is disqualified from inheriting because he signed the will as a witness but, in terms of section 4A of the Wills Act 7 of 1953, he may inherit R133 333 as his intestate share.  Dashboard / My courses / PVL2602-23-S1 / Welcome Message / Assessment 2 MENU Question 16 In Mark 0.00 out of 1.00 Question 17 In Mark 0.00 out of 1.00 In Harris v Assumed Administrator Estate Macgregor 1987 (3) SA 563 (A) it was held that where a testator died leaving a valid will which at a later date became inoperative, the intestate heirs have to be determined ... a. on the date on which it becomes evident that the will has become inoperative. b. on a date to be determined by the Court.  c. on the date of the testator’s death. d. on a date to be determined by the Master. The is: on the date on which it becomes evident that the will has become inoperative. Thabang made a will in which he left his whole estate to his wife. Thabang signed the will with his signature in the presence of his two grandchildren, Sello, and Dintle. Both were fourteen years old. Thabang asked the grandchildren to sign the document. Sello signed the will with his initials and Dintle made an “X” (a cross) in the presence of the testator. They did not know that they were witnessing a will and Dintle made the “X” as a joke. This will is invalid for the following reason: a. Sello and Dintle were not competent witnesses. b. Dintle signed with a mark. c. The certificate required in terms of section 2(1)(a)(v) was not attached. d. The witnesses did not know that they are witnessing a will.  The is: Dintle signed with a mark.  Dashboard / My courses / PVL2602-23-S1 / Welcome Message / Assessment 2 MENU Question 18 Mark 1.00 out of 1.00 Question 19 In Mark 0.00 out of 1.00 Wanda was a successful business woman who owned a house and several other assets. She was married to Steven, who is currently unemployed. They had two daughters, Bea and Carla. Wanda was diagnosed with cancer and shortly thereafter she approached ABC Trust and Wills to draw up a will for her. She completed a form with the heading, “Instructions to draft a will” and indicated on the form that her estate must go to her daughters. After this visit to the trust company, her health deteriorated suddenly. She died two weeks later without having completed any further documents. The legal position is as follows: a. The form that she filled in at ABC Trust is not a valid will as it only contains instructions to draw up a will, but it can be condoned in terms of section 2(3) of the Wills Act 7 of 1953 because she had signed it. b. The form that she filled in at ABC Trust is not a valid will as it only contains instructions to draw up a will, but it can be condoned in terms of section 2(3) of the Wills Act 7 of 1953 because she personally drafted the instructions. c. The form that she filled in at ABC Trust and Wills is a valid will because it contains her intention about the division of her estate. d. The form that she filled in at ABC Trust is not a valid will as it only contains instructions to draw up a will and as such it cannot be condoned in terms of section 2(3) of the Wills Act 7 of 1953 because it was not her intention that it should be her will.  The is: The form that she filled in at ABC Trust is not a valid will as it only contains instructions to draw up a will and as such it cannot be condoned in terms of section 2(3) of the Wills Act 7 of 1953 because it was not her intention that it should be her will. A person who has murdered the deceased, or who has murdered certain relatives of the deceased, may not inherit from the deceased. Which relatives are referred to? a. Parent, child, spouse, brother or sister b. Parent, child, spouse, brother, sister or grandparent  c. Parent, child, brother or sister d. Parent, child or spouse The is: Parent, child or spouse  Dashboard / My courses / PVL2602-23-S1 / Welcome Message / Assessment 2 MENU Question 20 In Mark 0.00 out of 1.00 In which case did the court hold that three types of rectification, namely ion of clerical mistakes, the insertion of words that were left out by mistake and the deletion of words that were inserted by mistake, are allowed in our law? a. Lello v Dales 1971 (2) SA 330 (A) b. Moses v Abinader 1951 (4) SA 537 (A)  c. Van der Merwe v The Master 2010 (6) SA 544 (SCA) d. Rens v Esselen 1957 (4) SA 8 (T) Your is in. The is: Rens v Esselen 1957 (4) SA 8 (T) ◄ Assessment 1 Jump to...  Dashboard / My courses / PVL2602-23-S1 / Welcome Message / Assessment 2 MENU In Harris v Assumed Administrator Estate Macgregor 1987 (3) SA 563 (A) it was held that where a testator died leaving a valid will which at a later date became inoperative, the intestate heirs have to be determined ... a. on a date to be determined by the Court. b. on the date of the testator’s death. c. on the date on which it becomes evident that the will has become inoperative. d. on a date to be determined by the Master. F e e d b a c k The is: on the date on which it becomes evident that the will has become inoperative. Q u e s t i o n 2 Q u e s t i o n t e x t Tom died in 2018, leaving his wife Wendy, his daughter Daisy, Daisy’s minor son Fred, and Tom’s sister, Sarah. Daisy emigrated two years after Tom died. Tom’s valid will provides as follows: “I leave my farm Rietfontein to my daughter Daisy on condition that she remains in South Africa. If she leaves South Africa permanently at any point in time, the farm must go to my sister, Sarah.” When will dies cedit and dies venit take place for Daisy and Sarah respectively? a. For Daisy both dies cedit and dies venit will take place at the testator’s death; for Sarah dies cedit will take place at the testator’s death and dies venit when Daisy emigrates. b. For Daisy dies cedit will take place at the testator’s death and dies venit when she emigrates; for Sarah both dies cedit and dies venit will take place when Daisy emigrates. c. For Daisy both dies cedit and dies venit will take place at the testator’s death; for Sarah both dies cedit and dies venit will take place when Daisy emigrates. d. For both Daisy and Sarah dies cedit and dies venit will both take place at the testator’s death. F e e d b a c k The is: For Daisy both dies cedit and dies venit will take place at the testator’s death; for Sarah both dies cedit and dies venit will take place when Daisy emigrates. Q u e s t i o n 3 Q u e s t i o n t e x t Thabo’s valid will provides as follows: “I leave my BMW motorbike to my friend, Frank. Frank must pay R20 000 to my brother Ben within 6 months of my death.” The bequest of the motorbike to Frank is ... a. subject to a direct substitution in favour of Ben. b. subject to a terminative time clause. c. subject to a modus. d. subject to a suspensive condition. F e e d b a c k The is: subject to a modus. Q u e s t i o n 4 Q u e s t i o n t e x t The effect of massing is that … a. the surviving testator may make a new will which conflicts with the joint will. b. the surviving testator loses the ability to revoke the joint will after adiation. c. the ultimate beneficiaries must wait until the death of the surviving testator to receive rights in respect of the estate of the surviving testator. d. the surviving testator retains complete freedom of testation. F e e d b a c k The is: the surviving testator loses the ability to revoke the joint will after adiation. Q u e s t i o n 5 Q u e s t i o n t e x t Teddy’s valid will valid will provides as follows: “I leave my house in Pretoria to my daughter, Delilah. If Delilah dies without children, the house must go to my brother Bandile after her death.” The bequest of the house to Delilah is subject to a … a. usufruct in favour of Bandile. b. direct substitution in favour of Bandile. c. modus. d. fideicommissum tacitum in favour of Delilah’s children. F e e d b a c k The is: fideicommissum tacitum in favour of Delilah’s children. Q u e s t i o n 6 Q u e s t i o n t e x t Tom’s estate is worth R900 000. In 2018, Tom’s attorney, Peter drafted a will for Tom. In this will he left R100 000 to his wife Refilwe and R400 000 each to his sister, Dina and his brother, Sean. He left the residue of the estate to Refilwe, Dina and Sean in equal shares. He nominated his friend, Fred as executor of his estate in this will. The will was signed by Tom with his signature. Dina and Fred signed as witnesses. Tom died in 2020 and was survived by Refilwe, Sean and Dina as his only living relatives. How will the estate be divided? a. Refilwe will inherit R100 000; Dina and Sean will inherit R400 000 each and Fred will be the executor of the estate. b. Refilwe will inherit R300 000; Sean will inherit R600 000 each and the Master will not appoint Fred as executor. c. Refilwe will inherit R300 000; Sean will inherit R600 000 and Fred will be the executor of the estate. d. Refilwe will inherit R100 000; Dina and Sean will inherit R400 000 each and the Master will not appoint Fred as executor. F e e d b a c k The is: Refilwe will inherit R300 000; Sean will inherit R600 000 each and the Master will not appoint Fred as executor. Q u e s t i o n 7 Q u e s t i o n t e x t As a general rule the courts will not allow a variation of the provisions of a will which is capable of being carried out. In the past, however, variation of the provisions of a will was allowed in certain limited circumstances. Indicate in which one of the following circumstances variation of thewillwill NOT beallowed: a. Where the circumstances of the case demand a departure from the will. b. Where the dispositions in the will are based on mistaken assumptions about the testator’s assets or liabilities. c. Where the strict enforcement of the testator’s provisions will result in the testator’s intentions being frustrated. d. Where there are more profitable ways to distribute the estate than those provided for in the will. F e e d b a c k The is: Where there are more profitable ways to distribute the estate than those provided for in the will. Q u e s t i o n 8 Q u e s t i o n t e x t In which case did the Court order that the Intestate Succession Act 81 of 1987 had to be applied to all intestate estates, irrespective of the cultural affiliation of the deceased? a. Curators, Emma Smith Educational Fund v University of Kwazulu Natal 2010 (6) SA 518 (SCA) b. Volks v Robinson 2005 (5) SA 446 (CC) c. Bhe v Magistrate, Khayelitsha (Commission For Gender Equality as Amicus Curiae); Shibi v Sithole; South African Human Rights Commission v President of the Republic of South Africa 2005 (1) SA 580 (CC) d. M inister of Education v Syfrets Trust Ltd 2006 (4) SA 205 (C) F e e d b a c k The is: Bhe v Magistrate, Khayelitsha (Commission For Gender Equality as Amicus Curiae); Shibi v Sithole; South African Human Rights Commission v President of the Republic of South Africa 2005 (1) SA 580 (CC) Q u e s t i o n 9 Q u e s t i o n t e x t Tabitha married Gilbert in community of property in 1990. In 1996, they made a mutual will in which they left their house to their only two children, John and Mimi, and appointed each other as the heir to the residue of the estate of the first deceased. In March 2020 Tabitha and Gilbert were divorced. In April 2020 Tabitha married Sam. Two days after the wedding, Tabitha was killed in a car crash. She had never changed her will. How will the residue of Tabitha’s estate devolve? a. Sam will inherit the residue of the estate. b. John and Mimi will inherit the residue of the estate. c. Gilbert, John and Mimi will inherit the residue of the estate. d. Sam, John and Mimi will inherit the residue of the estate. F e e d b a c k The is: Sam, John and Mimi will inherit the residue of the estate. Q u e s t i o n 1 0 Q u e s t i o n t e x t Xander died intestate in April 2020. Xander was married in community of property to Yandi. They had two children born from their union namely Ayanda and Ben. Ayanda and Ben both predeceased Xander and left no descendants. Xander’s father, Fred is also predeceased but Xander’s mother, Mary, is still alive. The value of Xander and Yandi’s joint estate is R. How much will Yandi inherit? a. R b. R c. R250 000 d. R750 000 F e e d b a c k The is: R Q u e s t i o n 1 1 Q u e s t i o n t e x t Which one of the following statements ly reflects the decision of the Court in Bekker v Naude 2003 (5) SA 173 (SCA)? a. An application in terms of section 2(3) of the Wills Act 7 of 1953 can be granted where the document was personally drafted or executed by the deceased. b. An application in terms of section 2(3) of the Wills Act 7 of 1953 can be granted where the document was drafted by someone else on behalf of the deceased, provided the deceased intended the document to be his will. c. An application in terms of section 2(3) of the Wills Act 7 of 1953 can be granted where the document was drafted by someone else on behalf of the deceased, provided that the deceased has accepted the document as his will. d. An application in terms of section 2(3) of the Wills Act 7 of 1953 can be granted where the document was “caused to be drafted” by the deceased. F e e d b a c k The is: An application in terms of section 2(3) of the Wills Act 7 of 1953 can be granted where the document was personally drafted or executed by the deceased. Q u e s t i o n 1 2 Q u e s t i o n t e x t Nimoy and Vickie were married in community of property. On 2 March 2020, Nimoy died intestate. Nimoy is survived by: • Vickie, his wife; • Barry, his adopted brother; • Winnie and Lisa, his two granddaughters (the daughters of Nimoy’s predeceased son, Celestine. Celestine was born of a previous marriage between Nimoy and Grace); • Zoliswa, his extra-marital son; • Harry and Isaac, his two grandsons (they are the sons of Zoliswa and his wife, Yvette). At his death, the joint estate of Nimoy and Vickie amounted to R360 000. How will Nimoy’s estate be divided? a. Vickie will inherit R180 000; Zoliswa will inherit R90 000; Winnie and Lisa will each inherit R45 000. b. Vickie will inherit R180 000 and no-one else will inherit anything. c. Vickie will inherit R250 000; Winnie and Lisa will each inherit R55 000. d. Vickie will inherit R250 000; Zoliswa will inherit R55 000; Winnie and Lisa will each inherit R27 500. F e e d b a c k The is: Vickie will inherit R180 000 and no-one else will inherit anything. Q u e s t i o n 1 3 Q u e s t i o n t e x t Tiro made a valid will in 2019. In 2020 he decided that he wanted to change the name of one of the beneficiaries. He used “tippex” to erase the name and wrote the name of the new beneficiary over the “tippex”. Will this amendment be valid? a. Yes, provided he and two witnesses signed next to the amendment. b. No, because one is not allowed to use “tippex” in a will. The will should have been retyped and re-executed. c. Yes, provided a commissioner of oaths attached the certificate required by section 2(1)(a)(v) of the Wills Act 7 of 1953. d. Yes, provided he signed next to the amendment. F e e d b a c k The is: Yes, provided he and two witnesses signed next to the amendment. Q u e s t i o n 1 4 Q u e s t i o n t e x t Tandi, a widower, asked his daughter-in-law, Sally, who is married to his son, Charlie, to draft a will for him. In the will he provides that an amount of R100 000 goes to his son Charlie and that the residue of the estate is to be divided in equal shares among his three children, Bongani, Charlie and Dillon. After Sally had typed the will, Tandi signed the will in the presence of all his children and his friends, Fred and Gina. Charlie and Gina then signed the will as witnesses. When Tandi died, he was survived by his three children only and left no other relatives. His estate amounted to R400 000. Dillon and Bongani are unhappy that Charlie will inherit a greater share of the estate. Choose the scenario that is applicable in these facts if Charlie cannot afford to get a court order: a. Charlie is disqualified from inheriting because he signed the will as a witness and may not inherit anything from the estate. b. Charlie is disqualified from inheriting because he signed the will as a witness but, in terms of section 4A of the Wills Act 7 of 1953, he may inherit R200 000 because Fred was also present when the will was signed. c. Charlie is disqualified from inheriting because he signed the will as a witness but, in terms of section 4A of the Wills Act 7 of 1953, he may inherit R200 000 if he can prove to the Master that he did not unduly influence Tandi. d. Charlie is disqualified from inheriting because he signed the will as a witness but, in terms of section 4A of the Wills Act 7 of 1953, he may inherit R133 333 as his intestate share. F e e d b a c k The is: Charlie is disqualified from inheriting becaus