PVL2602 2022 SEMESTER 02
ASSIGNMENT 01
Question 1
Xander died intestate in April 2021 and is survived by the following relatives:
• Belinda, Celia and Dlali, his wives to whom he was married according to Muslim
rites. He had also been married to Jordan according to Muslim rites but she died
in an accident in 2007.
• Xander and Belinda had two children, Ella and Frans. Frans is still alive but Ella
died in a car accident in 2012 and is survived by a daughter, Yandi.
• Xander and Celia had two children, Greg and Hlato. Hlato is still alive but Greg
also died in the accident in 2012 and is survived by her adopted son, Zeno.
• Xander and Jordan had one child – a daughter, Kay.
• Xander’s parents, Mbali and Paul, are still alive as is his brother, Sonny.
Xander’s estate (after all matrimonial property divisions have been dealt with) amounts
to R800 000. Calculate how Xander’s estate will devolve and give reasons for your
calculations. Remember that your reasons are as important as your calculations.
(10)
Question 2
John and Andrew were very close friends. In 2020, during a discussion of their
respective futures, they decided that they would each execute a will in terms of which
they will benefit each other. Both were unmarried, and Andrew had no descendants
or immediate family. John only had a son, Peter, from a relationship forty years ago,
but he had lost touch with him and did not even know his whereabouts. Shortly after
the discussion, John drafted a will on his computer and e-mailed it to Andrew. In this
document he left his entire estate to Andrew. Eight months after drafting this
document, John died without him or witnesses having signed it.
Advise Andrew whether he can inherit John’s estate in terms of the e-mailed
document, since Peter has now appeared and wants to claim the estate as the only
intestate heir. Refer to case law.
(10)
Total: 20
ASSIGNMENT 01
Question 1
Xander died intestate in April 2021 and is survived by the following relatives:
• Belinda, Celia and Dlali, his wives to whom he was married according to Muslim
rites. He had also been married to Jordan according to Muslim rites but she died
in an accident in 2007.
• Xander and Belinda had two children, Ella and Frans. Frans is still alive but Ella
died in a car accident in 2012 and is survived by a daughter, Yandi.
• Xander and Celia had two children, Greg and Hlato. Hlato is still alive but Greg
also died in the accident in 2012 and is survived by her adopted son, Zeno.
• Xander and Jordan had one child – a daughter, Kay.
• Xander’s parents, Mbali and Paul, are still alive as is his brother, Sonny.
Xander’s estate (after all matrimonial property divisions have been dealt with) amounts
to R800 000. Calculate how Xander’s estate will devolve and give reasons for your
calculations. Remember that your reasons are as important as your calculations.
(10)
Question 2
John and Andrew were very close friends. In 2020, during a discussion of their
respective futures, they decided that they would each execute a will in terms of which
they will benefit each other. Both were unmarried, and Andrew had no descendants
or immediate family. John only had a son, Peter, from a relationship forty years ago,
but he had lost touch with him and did not even know his whereabouts. Shortly after
the discussion, John drafted a will on his computer and e-mailed it to Andrew. In this
document he left his entire estate to Andrew. Eight months after drafting this
document, John died without him or witnesses having signed it.
Advise Andrew whether he can inherit John’s estate in terms of the e-mailed
document, since Peter has now appeared and wants to claim the estate as the only
intestate heir. Refer to case law.
(10)
Total: 20
