PVL 2602
EXAM PACK 2017
BY TSITSI MUNYUKI
,LAW OF SUCCESSION
1. Indicate whether the following statements are true or false and substantiate
your answer.
(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.
(b) In terms of the Wills Act 7 of 1953 the testator must sign all the pages
of the will at the end of each page. (3)
False, If the will consists of more than one page, the testator must
sign at the end of the wording on the last page, and he must
further sign or acknowledge his signature on every preceding
page.
(c) In terms of the Wills Act 7 of 1953 the same witnesses must sign all
the pages of the will. (2)
False, the same witnesses must sign and attest the will in the
presence of one another and the testator. The Act only provides
that the witnesses must sign the will. This provision is interpreted
to mean that the witnesses must sign the last page of the will and
not every page of the will.
(d) A general unworthiness to inherit testate or intestate attaches to a
, murderer, and therefore a murderer may never inherit from anybody.
False, it is not a general unworthiness which attaches to a
murderer, however, but only an unworthiness to inherit from his
or her victim and from certain persons very closely related to the
victim.
(e) Someone who kills another person, may never inherit from that
person, because of the maxim de bloedige hand erft niet (the bloody
hand does not inherit). (4)
False, only a person who intentionally or negligently caused the
death of the deceased or a spouse, married in community of
property, who murdered the other spouse are incapable of
inheriting from the deceased. If a person was insane when he
murdered the testator, he has the capacity to inherit from him as
an insane person cannot be held accountable for his wrongdoing.
(f) A testator may not leave a benefit to a beneficiary who has never been
married on the condition that the beneficiary does not marry. (3)
True. Such a condition will be contra bonos mores since it
encourages the beneficiary to continue in the unmarried state.
(g) Wood v Estate Fawcus provides authority for the statement that a will,
which has been revoked by a subsequent will, revives automatically
when the subsequent will is revoked. (2)
False, Wood v Estate Fawcus provides authority for the statement
that the revocation of a will takes effect from the moment when
the revoking will is made, and not at the moment of the testator's
death.
,2. Define the term "residue of the estate". (5)
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.
3. Mention 5 ways in which a legacy can fail. (5)
1. Ademption. If a testator voluntarily alienates the object of a
legacy in his lifetime, the legacy lapses.
2. If a legatee dies before the legacy vests in him.
3. If the legatee repudiates the legacy.
4. If the legatee is incapable of inheriting under the will.
5. If the bequeathed thing is annulled or destroyed.
6. If the testator becomes insolvent.
4. John inherited a fortune from his grandfather when he was ten years old. On
his fourteenth birthday, he signed a document stating that he wishes to leave
his entire fortune to his two brothers, Dan and Fred. This document was
attested by two of his fourteen-year old friends. John died in a car accident
when he was seventeen and left his parents, Anna and Ben, and his brothers
Dan and Fred behind. Answer the following questions:
(a) Will John's estate devolve testate or intestate? Give reasons for your
answer. (2)
John's estate will devolve intestate, because at the age of fourteen,
when he made the will, he did not have testamentary capacity.
(b) Write down the name's of John heir's. (2)
His parents, Anna and Ben
,5. In Ep Maurice the court emphasised that in terms of section 2(3) of the
Wills Act 7 of 1953 three requirements will have to be met before a court
will order the Master to accept a document, which does not comply with all
the formalities of the Wills Act, as a valid will. Name the three
requirements. (6)
The court must be satisfied that it has before it a document:
1. which was drafted or executed by a person
2. who has since died, and
3. who intended that document be his/her will.
6. Briefly name four instances when the service of a trustee will be terminated.
(4)
- On the death of the trustee
- On the resignation of the trustee
- Upon the removal of the trustee from his office by the Master
under the following circumstances:
- if he has been convicted of any offence of which dishonesty
is an element or of any other offence for which he has been
sentenced to imprisonment without the option of a fine
- if he fails to give security to the satisfaction of the Master
within two months after having been requested to do so
- if his estate is sequestrated or liquidated or placed under
judicial management
- if he has been declared mentally ill or incapable of
managing his own affairs or if he is detained in an
institution as a mentally ill patient or as a state patient
- if he fails to perform any duty imposed upon him by or
under the Trust Property Control Act or to comply with
any lawful request of the Master.
- When the purpose of the trust has been achieved, the trustee
, ceases to be a trustee.
7. Who is obliged to collate? (1)
The deceased's descendants if they are heirs of the deceased, whether
testate or intestate, provided that testate heirs are obliged to collate only
if they would have inherited ab intestato from the deceased if the
deceased had died intestate
8. Who is entitled to collation? (1)
Descendants who themselves have a duty to collate.
9. Which benefits have to be collated? (3)
- benefits received by a child as part of his or her inheritance
- benefits received for the promotion of a child's occupation or
business
- benefits given with a view to a marriage
10. Name one benefit which does not have to be collated. (1)
- gifts given out of generosity
- benefits received by a child for services rendered - however, the
services rendered must be more substantial than mere domestic
obligations
- expenses incurred by the parents for the maintenance and education of their
children
11. Mary and John are siblings. In his will, John appointed his sister Mary to
inherit his whole estate. In her will, Mary appointed her husband Peter, to
EXAM PACK 2017
BY TSITSI MUNYUKI
,LAW OF SUCCESSION
1. Indicate whether the following statements are true or false and substantiate
your answer.
(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.
(b) In terms of the Wills Act 7 of 1953 the testator must sign all the pages
of the will at the end of each page. (3)
False, If the will consists of more than one page, the testator must
sign at the end of the wording on the last page, and he must
further sign or acknowledge his signature on every preceding
page.
(c) In terms of the Wills Act 7 of 1953 the same witnesses must sign all
the pages of the will. (2)
False, the same witnesses must sign and attest the will in the
presence of one another and the testator. The Act only provides
that the witnesses must sign the will. This provision is interpreted
to mean that the witnesses must sign the last page of the will and
not every page of the will.
(d) A general unworthiness to inherit testate or intestate attaches to a
, murderer, and therefore a murderer may never inherit from anybody.
False, it is not a general unworthiness which attaches to a
murderer, however, but only an unworthiness to inherit from his
or her victim and from certain persons very closely related to the
victim.
(e) Someone who kills another person, may never inherit from that
person, because of the maxim de bloedige hand erft niet (the bloody
hand does not inherit). (4)
False, only a person who intentionally or negligently caused the
death of the deceased or a spouse, married in community of
property, who murdered the other spouse are incapable of
inheriting from the deceased. If a person was insane when he
murdered the testator, he has the capacity to inherit from him as
an insane person cannot be held accountable for his wrongdoing.
(f) A testator may not leave a benefit to a beneficiary who has never been
married on the condition that the beneficiary does not marry. (3)
True. Such a condition will be contra bonos mores since it
encourages the beneficiary to continue in the unmarried state.
(g) Wood v Estate Fawcus provides authority for the statement that a will,
which has been revoked by a subsequent will, revives automatically
when the subsequent will is revoked. (2)
False, Wood v Estate Fawcus provides authority for the statement
that the revocation of a will takes effect from the moment when
the revoking will is made, and not at the moment of the testator's
death.
,2. Define the term "residue of the estate". (5)
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.
3. Mention 5 ways in which a legacy can fail. (5)
1. Ademption. If a testator voluntarily alienates the object of a
legacy in his lifetime, the legacy lapses.
2. If a legatee dies before the legacy vests in him.
3. If the legatee repudiates the legacy.
4. If the legatee is incapable of inheriting under the will.
5. If the bequeathed thing is annulled or destroyed.
6. If the testator becomes insolvent.
4. John inherited a fortune from his grandfather when he was ten years old. On
his fourteenth birthday, he signed a document stating that he wishes to leave
his entire fortune to his two brothers, Dan and Fred. This document was
attested by two of his fourteen-year old friends. John died in a car accident
when he was seventeen and left his parents, Anna and Ben, and his brothers
Dan and Fred behind. Answer the following questions:
(a) Will John's estate devolve testate or intestate? Give reasons for your
answer. (2)
John's estate will devolve intestate, because at the age of fourteen,
when he made the will, he did not have testamentary capacity.
(b) Write down the name's of John heir's. (2)
His parents, Anna and Ben
,5. In Ep Maurice the court emphasised that in terms of section 2(3) of the
Wills Act 7 of 1953 three requirements will have to be met before a court
will order the Master to accept a document, which does not comply with all
the formalities of the Wills Act, as a valid will. Name the three
requirements. (6)
The court must be satisfied that it has before it a document:
1. which was drafted or executed by a person
2. who has since died, and
3. who intended that document be his/her will.
6. Briefly name four instances when the service of a trustee will be terminated.
(4)
- On the death of the trustee
- On the resignation of the trustee
- Upon the removal of the trustee from his office by the Master
under the following circumstances:
- if he has been convicted of any offence of which dishonesty
is an element or of any other offence for which he has been
sentenced to imprisonment without the option of a fine
- if he fails to give security to the satisfaction of the Master
within two months after having been requested to do so
- if his estate is sequestrated or liquidated or placed under
judicial management
- if he has been declared mentally ill or incapable of
managing his own affairs or if he is detained in an
institution as a mentally ill patient or as a state patient
- if he fails to perform any duty imposed upon him by or
under the Trust Property Control Act or to comply with
any lawful request of the Master.
- When the purpose of the trust has been achieved, the trustee
, ceases to be a trustee.
7. Who is obliged to collate? (1)
The deceased's descendants if they are heirs of the deceased, whether
testate or intestate, provided that testate heirs are obliged to collate only
if they would have inherited ab intestato from the deceased if the
deceased had died intestate
8. Who is entitled to collation? (1)
Descendants who themselves have a duty to collate.
9. Which benefits have to be collated? (3)
- benefits received by a child as part of his or her inheritance
- benefits received for the promotion of a child's occupation or
business
- benefits given with a view to a marriage
10. Name one benefit which does not have to be collated. (1)
- gifts given out of generosity
- benefits received by a child for services rendered - however, the
services rendered must be more substantial than mere domestic
obligations
- expenses incurred by the parents for the maintenance and education of their
children
11. Mary and John are siblings. In his will, John appointed his sister Mary to
inherit his whole estate. In her will, Mary appointed her husband Peter, to
