SJD1501 EXAM
PORTFOLIO
QUESTIONS AND
ANSWERS
,
, lOMoARcPSD|24668432
LAW OF
SUCCESSION
, lOMoARcPSD|24668432
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)
PORTFOLIO
QUESTIONS AND
ANSWERS
,
, lOMoARcPSD|24668432
LAW OF
SUCCESSION
, lOMoARcPSD|24668432
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)
