LJU4804
ASSIGNMENT 1
DUE DATE: 29 AUGUST 2025
, LJU4804 PRIVATE INTERNATIONAL LAW ASSIGNMENT 1 FOR SECOND
SEMESTER STUDENTS
UNIQUE NUMBER: 157775
DUE DATE: 29 August 2025 17:00 (CAT)
Read the set of facts and then answer the questions that follow:
Mrs Musonga executed a will in Malawi in 2006 whilst domiciled in Zambia. In terms
of this will, she appointed her husband as her sole heir. In 2010, she divorced her
husband and moved to South Africa where she established a domicile in
Johannesburg. She purchased three properties in Gauteng between 2011 and
2014. In 2011, she executed a second will while on a business trip in Germany.
1.1 Mrs Musonga’s first will was formally valid in terms of the law of the place
of execution only. Her second will is found to be formally invalid in terms of
all the possible testing systems as per section 3 bis (1)(a) of the Wills Act, but
valid in terms of Malawian law. Who inherits Mrs Musonga’s estate? Discuss.
(Note: You have do discuss s 3 bis (1)(d) of the Wills Act 7 of 1953).
The 2011 instrument (Germany) validly revoked the 2006 Malawian will under
section 3bis(1)(d) of the Wills Act. The revocation therefore succeeds, but the
substantive dispositions in the 2011 will are not otherwise given formal validity by
the tests in section 3bis(1)(a). As a result there is no effective testamentary
disposition and the estate devolves intestate. The applicable choice-of-law rules
give South African law effect for movables (lex domicilii at death) and for the
Gauteng immovables (lex situs); accordingly M and L (the South African intestate
heirs) inherit.
ASSIGNMENT 1
DUE DATE: 29 AUGUST 2025
, LJU4804 PRIVATE INTERNATIONAL LAW ASSIGNMENT 1 FOR SECOND
SEMESTER STUDENTS
UNIQUE NUMBER: 157775
DUE DATE: 29 August 2025 17:00 (CAT)
Read the set of facts and then answer the questions that follow:
Mrs Musonga executed a will in Malawi in 2006 whilst domiciled in Zambia. In terms
of this will, she appointed her husband as her sole heir. In 2010, she divorced her
husband and moved to South Africa where she established a domicile in
Johannesburg. She purchased three properties in Gauteng between 2011 and
2014. In 2011, she executed a second will while on a business trip in Germany.
1.1 Mrs Musonga’s first will was formally valid in terms of the law of the place
of execution only. Her second will is found to be formally invalid in terms of
all the possible testing systems as per section 3 bis (1)(a) of the Wills Act, but
valid in terms of Malawian law. Who inherits Mrs Musonga’s estate? Discuss.
(Note: You have do discuss s 3 bis (1)(d) of the Wills Act 7 of 1953).
The 2011 instrument (Germany) validly revoked the 2006 Malawian will under
section 3bis(1)(d) of the Wills Act. The revocation therefore succeeds, but the
substantive dispositions in the 2011 will are not otherwise given formal validity by
the tests in section 3bis(1)(a). As a result there is no effective testamentary
disposition and the estate devolves intestate. The applicable choice-of-law rules
give South African law effect for movables (lex domicilii at death) and for the
Gauteng immovables (lex situs); accordingly M and L (the South African intestate
heirs) inherit.
