1
PVL
PVL2601 EXAM QUESTIONS WITH CORRECT VERIFIED SOLUTIONS
100% GUARANTEED PASS (LATEST UPDATE)
Ground rules for succession - ANS ✓1. Owner of the deceased estate must have
died
2. Beneficiary must be alive or conceived when the benefit vests
3.Beneficiary must be competent to inherit
Exceptions to the
ground rules of succession - ANS ✓(a)Presumption of death
(b) Massing
Take note of commorientes
- order of death important e.g die together in the same car accident or die the
same way
Owner of the deceased must have died case example - ANS ✓Estate Orpen v
Estate Atkinson 1966 4 SA 589 (A)
• Father gave daughter a power of appointment over 20% of his estate
• Daughter exercise that power in her will in favour of her husband
• Daughter died before her father
PVL2601
, 2
PVL
• Court held she cannot exercise her power of appointment (executor cannot
exercise it on her behalf)
Beyers JA: ... Mrs Orpen was appointed a usufructuary under her father's will. In
terms of the above-mentioned decision, it was therefore competent for the
testator to bequeath to her the power of appointment appearing in clause 14(4)
of his will.
It is, however, a power which attaches to the bequest, and the person to whom
the power is given must, it seems to me, succeed to the property, or the limited,
interest in the property, to which it attaches, before the power can be exercised
by him or her in respect of that property.
Mrs Orpen never succeeded to the status of usufructuary and was, in my opinion,
never seized of the power of appointment which she purported to exercise in
favour of her husband
Commorientes:
People who are killed in the same incident case example - ANS ✓• RULE: For
C to inherit from B, C must survive B.
• If it cannot be determined who died first in an accident:
> No presumption in SA law about order of death (there used to be rules in
common law): court will find that they died simultaneouslv.
> They cannot inherit from each other if they did not survive each other.
• Ep Graham 1963 (4) SA 145 (D)
WARNER J: ... It seems to me that the approach adopted in Negen v van Dyk is the
proper one.
There the Court examined the facts to see if there was any evidence to support a
conclusion that the deaths were not simultaneous.
PVL2601
PVL
PVL2601 EXAM QUESTIONS WITH CORRECT VERIFIED SOLUTIONS
100% GUARANTEED PASS (LATEST UPDATE)
Ground rules for succession - ANS ✓1. Owner of the deceased estate must have
died
2. Beneficiary must be alive or conceived when the benefit vests
3.Beneficiary must be competent to inherit
Exceptions to the
ground rules of succession - ANS ✓(a)Presumption of death
(b) Massing
Take note of commorientes
- order of death important e.g die together in the same car accident or die the
same way
Owner of the deceased must have died case example - ANS ✓Estate Orpen v
Estate Atkinson 1966 4 SA 589 (A)
• Father gave daughter a power of appointment over 20% of his estate
• Daughter exercise that power in her will in favour of her husband
• Daughter died before her father
PVL2601
, 2
PVL
• Court held she cannot exercise her power of appointment (executor cannot
exercise it on her behalf)
Beyers JA: ... Mrs Orpen was appointed a usufructuary under her father's will. In
terms of the above-mentioned decision, it was therefore competent for the
testator to bequeath to her the power of appointment appearing in clause 14(4)
of his will.
It is, however, a power which attaches to the bequest, and the person to whom
the power is given must, it seems to me, succeed to the property, or the limited,
interest in the property, to which it attaches, before the power can be exercised
by him or her in respect of that property.
Mrs Orpen never succeeded to the status of usufructuary and was, in my opinion,
never seized of the power of appointment which she purported to exercise in
favour of her husband
Commorientes:
People who are killed in the same incident case example - ANS ✓• RULE: For
C to inherit from B, C must survive B.
• If it cannot be determined who died first in an accident:
> No presumption in SA law about order of death (there used to be rules in
common law): court will find that they died simultaneouslv.
> They cannot inherit from each other if they did not survive each other.
• Ep Graham 1963 (4) SA 145 (D)
WARNER J: ... It seems to me that the approach adopted in Negen v van Dyk is the
proper one.
There the Court examined the facts to see if there was any evidence to support a
conclusion that the deaths were not simultaneous.
PVL2601
