LAW of succession MCQ Exam Preparations
Question 1
Which one of the following persons will not be able to claim maintenance from the deceased in
terms of the Maintenance of Surviving Spouses Act 27 of 1990?
[1] The deceased’s wife in a monogamous Muslim marriage.
[2] The deceased’s wife in a polygamous Muslim marriage.
[3] The deceased’s heterosexual life partner.
[4] The deceased’s homosexual life partner in a civil union.
See Jamneck en Rautenbach (J & R) par 2.5.2 – 2.5.3.
Question 2
Mr X dies intestate and is survived by his grandparents, P and Q on his father’s side and his
uncle Z on his mother’s side only. How will his estate devolve?
[1] Z will inherit one half of the estate and P and Q will share the other half of the estate.
[2] P, Q and Z will each inherit one-third of the estate.
[3] The uncle, Z will inherit the whole estate.
[4] The grandparents, P and Q, will inherit the whole estate
See J & R par 2.6.8.
Question 3
According to Rhode v Stubbs 2005 (5) SA 104 (SCA) estate massing takes place when...
[1] the surviving testator accepts a benefit in terms of a mutual will, irrespective of the intention
of the parties to the mutual will.
[2] a testator in a mutual will disposes of his/her own estate as well as of the estate of
the other testator.
[3] testators join their estates or portions of their estates, with the purpose of disposing
of the joint unit in a will and the surviving testator then accepts a benefit in terms of the
will.
[4] testators married in community of property mutually benefit each other in a mutual
will.
Question 4
T provides in his will:
“I leave R 20 000 to my daughter, F. She must receive this amount before any other
benefit is paid out.”
The bequest to F is called …
[1] a modus.
,[2] a prelegacy.
[3] an inheritance.
[4] a bequest price.
J & R par 9.3.1 (p 136).
Question 5
When interpreting a will, which of the following sources may NOT be used?
[1] The will itself.
[2] Armchair evidence.
[3] Extrinsic evidence to identify a beneficiary.
[4] Evidence as to a statement made by the testator himself or herself as to what
he or she intended.
J & R par 13.4.3.
Question 6
T provided as follows in his will:
“I leave my farm to my brother, B and I bequeath the residue of my estate to my two
sisters, M and N.”
T leaves behind his mother, his brother B and his sisters M and N. B refuses to inherit. Who will
inherit the farm and why?
[1] The mother, because of section 2C(1) of the Wills Act 7 of 1953.
[2] The sisters because they are the heirs of the residue.
[3] The sisters because accrual takes place.
[4] The mother and the sisters in terms of intestate succession.
J & R par 9.3.1.1 (read with par 10.3.2 and par 10.9).>
Question 7
Which one of the following bequests provides an example of a joinder re et verbis?
[1] “I bequeath my farm to John and Peter. John is to get the portion which lies north of
the river, while Peter is to get the portion which lies south of the river.”
[2] “I bequeath my farm to John and Peter.”
[3] “I bequeath my farm to John and Peter in equal shares.”
[4] “I bequeath my farm to John and my car to Peter.”
J & R par 10.9.2.
Question 8
Which one of the following provisions in a will creates a fideicommissary substitution?
[1] “I bequeath my farm to my son, John. If John predeceases me, my son Peter should
inherit the farm.”
[2] “I bequeath my farm to my sons, John and Peter, in equal shares.”
[3] “I bequeath my farm to my son, John. If John dies without children, the farm
must go to my son Peter.”
,[4] “I bequeath the residue of my estate in trust to my sons, John and Peter.”
J & R par 10.4.1.2.1.
Question 9
Testator T provides as follows in his will:
“I leave my estate in trust to my trustee, Mr X. My wife, W, must receive the income from
the trust during her lifetime. At her death, my children P and J must receive the capital of
the trust.”
Who is the owner of the trust property after T’s death?
[1] W
[2] X
[3] P and J
[4] W, P and J.
J & R par 11.3 and par 11.7.
Question 10
What is the principle called according to which the executor of an estate must, under certain
circumstances, take benefits given to certain heirs by the deceased during his lifetime into
account when distributing the estate among certain beneficiaries?
[1] Bequest price
[2] Ademption
[3] Collation
[4] Prelegacy
J & R par 12.1.
Question 11
What is the process called where a court adds, deletes or changes something in a will because
the testator had made a mistake when making the will and the will does not reflect his intention
correctly?
[1] Rectification
[2] Deletion
[3] Alteration
[4] Ratification
J & R par 13.6.
Question 12
B and C were married in 2000. Shortly thereafter they made a mutual will, indicating that the
survivor will inherit everything. Two children, D and S, were born from the marriage. In January
2009 they were divorced and in February 2009 B married W. Two weeks later B died in a car
,accident without changing his will. Who will inherit B’s estate?
[1] C
[2] W
[3] D and S
[4] W, D and S
J & R par 13.3.1.
Question 13
A pactum successorium in an antenuptial contract...
[1] is valid in our law.
[2] is invalid in our law.
[3] has to comply with testamentary formalities.
[4] may be revoked in a later will by one of the parties to the contract.
Question 14
A donatio mortis causa...
[1] is invalid in our law.
[2] is valid if it complies with testamentary formalities.
[3] may not be revoked by the donor.
[4] restricts the freedom of testation of the donor.
J & R par 14.3.2.1.
Question 15
Testator Tom provided as follows in his will:
“I leave my house to my wife, Wendy. The residue of my estate I bequeath to my sisters,
Mary and Nina.”
Tom and Wendy were killed in the same car accident. Tom’s only surviving relatives were his
sisters, Mary and Nina, and his brother Ben. Wendy was survived by her sister, Susan. Who
inherited Tom’s house?
[1] Wendy, since that was what Tom provided in his will.
[2] Susan, since she inherited the house from Wendy.
[3] Mary and Nina, since they are Tom’s testate heirs.
[4] Mary, Nina and Ben, since they are Tom’s intestate heirs.
(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.
Fideicommissum residui
(c) The type of trust where the beneficiary is the owner of the trust property.
(1)
Bewind
(d) The time when a beneficiary's right to claim delivery of bequeathed property becomes
enforceable. (1)
Dies venit
(e) If an inheritance is made subject to this concept, vesting of the bequeathed property in the
heir only takes place upon the happening of an uncertain future event. (1)
Suspensive condition
(f) If a bequest is made subject to this concept, the beneficiary loses his vested rights when a
certain future event takes place. (1)
Resolutive time clause
(g) This takes place when any benefit received by a descendant from the testator during the
latter's lifetime, is taken into account upon division of the estate in order for a fair distribution to
take place. (1)
Collation
(h) In this account the executor lists all assets and liabilities of the estate and sets out how the
estate is to be distributed. (1)
Liquidation and distribution account
(i) This evidence is evidence of facts and circumstances which were known to the testator and
places the court in the testator's position at the time of making the will, when the court interprets
the will. (1)
Armchair evidence
Question 1
Which one of the following persons will not be able to claim maintenance from the deceased in
terms of the Maintenance of Surviving Spouses Act 27 of 1990?
[1] The deceased’s wife in a monogamous Muslim marriage.
[2] The deceased’s wife in a polygamous Muslim marriage.
[3] The deceased’s heterosexual life partner.
[4] The deceased’s homosexual life partner in a civil union.
See Jamneck en Rautenbach (J & R) par 2.5.2 – 2.5.3.
Question 2
Mr X dies intestate and is survived by his grandparents, P and Q on his father’s side and his
uncle Z on his mother’s side only. How will his estate devolve?
[1] Z will inherit one half of the estate and P and Q will share the other half of the estate.
[2] P, Q and Z will each inherit one-third of the estate.
[3] The uncle, Z will inherit the whole estate.
[4] The grandparents, P and Q, will inherit the whole estate
See J & R par 2.6.8.
Question 3
According to Rhode v Stubbs 2005 (5) SA 104 (SCA) estate massing takes place when...
[1] the surviving testator accepts a benefit in terms of a mutual will, irrespective of the intention
of the parties to the mutual will.
[2] a testator in a mutual will disposes of his/her own estate as well as of the estate of
the other testator.
[3] testators join their estates or portions of their estates, with the purpose of disposing
of the joint unit in a will and the surviving testator then accepts a benefit in terms of the
will.
[4] testators married in community of property mutually benefit each other in a mutual
will.
Question 4
T provides in his will:
“I leave R 20 000 to my daughter, F. She must receive this amount before any other
benefit is paid out.”
The bequest to F is called …
[1] a modus.
,[2] a prelegacy.
[3] an inheritance.
[4] a bequest price.
J & R par 9.3.1 (p 136).
Question 5
When interpreting a will, which of the following sources may NOT be used?
[1] The will itself.
[2] Armchair evidence.
[3] Extrinsic evidence to identify a beneficiary.
[4] Evidence as to a statement made by the testator himself or herself as to what
he or she intended.
J & R par 13.4.3.
Question 6
T provided as follows in his will:
“I leave my farm to my brother, B and I bequeath the residue of my estate to my two
sisters, M and N.”
T leaves behind his mother, his brother B and his sisters M and N. B refuses to inherit. Who will
inherit the farm and why?
[1] The mother, because of section 2C(1) of the Wills Act 7 of 1953.
[2] The sisters because they are the heirs of the residue.
[3] The sisters because accrual takes place.
[4] The mother and the sisters in terms of intestate succession.
J & R par 9.3.1.1 (read with par 10.3.2 and par 10.9).>
Question 7
Which one of the following bequests provides an example of a joinder re et verbis?
[1] “I bequeath my farm to John and Peter. John is to get the portion which lies north of
the river, while Peter is to get the portion which lies south of the river.”
[2] “I bequeath my farm to John and Peter.”
[3] “I bequeath my farm to John and Peter in equal shares.”
[4] “I bequeath my farm to John and my car to Peter.”
J & R par 10.9.2.
Question 8
Which one of the following provisions in a will creates a fideicommissary substitution?
[1] “I bequeath my farm to my son, John. If John predeceases me, my son Peter should
inherit the farm.”
[2] “I bequeath my farm to my sons, John and Peter, in equal shares.”
[3] “I bequeath my farm to my son, John. If John dies without children, the farm
must go to my son Peter.”
,[4] “I bequeath the residue of my estate in trust to my sons, John and Peter.”
J & R par 10.4.1.2.1.
Question 9
Testator T provides as follows in his will:
“I leave my estate in trust to my trustee, Mr X. My wife, W, must receive the income from
the trust during her lifetime. At her death, my children P and J must receive the capital of
the trust.”
Who is the owner of the trust property after T’s death?
[1] W
[2] X
[3] P and J
[4] W, P and J.
J & R par 11.3 and par 11.7.
Question 10
What is the principle called according to which the executor of an estate must, under certain
circumstances, take benefits given to certain heirs by the deceased during his lifetime into
account when distributing the estate among certain beneficiaries?
[1] Bequest price
[2] Ademption
[3] Collation
[4] Prelegacy
J & R par 12.1.
Question 11
What is the process called where a court adds, deletes or changes something in a will because
the testator had made a mistake when making the will and the will does not reflect his intention
correctly?
[1] Rectification
[2] Deletion
[3] Alteration
[4] Ratification
J & R par 13.6.
Question 12
B and C were married in 2000. Shortly thereafter they made a mutual will, indicating that the
survivor will inherit everything. Two children, D and S, were born from the marriage. In January
2009 they were divorced and in February 2009 B married W. Two weeks later B died in a car
,accident without changing his will. Who will inherit B’s estate?
[1] C
[2] W
[3] D and S
[4] W, D and S
J & R par 13.3.1.
Question 13
A pactum successorium in an antenuptial contract...
[1] is valid in our law.
[2] is invalid in our law.
[3] has to comply with testamentary formalities.
[4] may be revoked in a later will by one of the parties to the contract.
Question 14
A donatio mortis causa...
[1] is invalid in our law.
[2] is valid if it complies with testamentary formalities.
[3] may not be revoked by the donor.
[4] restricts the freedom of testation of the donor.
J & R par 14.3.2.1.
Question 15
Testator Tom provided as follows in his will:
“I leave my house to my wife, Wendy. The residue of my estate I bequeath to my sisters,
Mary and Nina.”
Tom and Wendy were killed in the same car accident. Tom’s only surviving relatives were his
sisters, Mary and Nina, and his brother Ben. Wendy was survived by her sister, Susan. Who
inherited Tom’s house?
[1] Wendy, since that was what Tom provided in his will.
[2] Susan, since she inherited the house from Wendy.
[3] Mary and Nina, since they are Tom’s testate heirs.
[4] Mary, Nina and Ben, since they are Tom’s intestate heirs.
(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.
Fideicommissum residui
(c) The type of trust where the beneficiary is the owner of the trust property.
(1)
Bewind
(d) The time when a beneficiary's right to claim delivery of bequeathed property becomes
enforceable. (1)
Dies venit
(e) If an inheritance is made subject to this concept, vesting of the bequeathed property in the
heir only takes place upon the happening of an uncertain future event. (1)
Suspensive condition
(f) If a bequest is made subject to this concept, the beneficiary loses his vested rights when a
certain future event takes place. (1)
Resolutive time clause
(g) This takes place when any benefit received by a descendant from the testator during the
latter's lifetime, is taken into account upon division of the estate in order for a fair distribution to
take place. (1)
Collation
(h) In this account the executor lists all assets and liabilities of the estate and sets out how the
estate is to be distributed. (1)
Liquidation and distribution account
(i) This evidence is evidence of facts and circumstances which were known to the testator and
places the court in the testator's position at the time of making the will, when the court interprets
the will. (1)
Armchair evidence
