2023 SEMESTER 2 ASSIGNMENT 1 ANSWERS - Law Of Succession (PVL2602)

Question 1 Ayanda and Cele were married in community of property in 1999 and a son, Dan was born in 2001 from this marriage. Ayanda and Cele were divorced later in 2001. Ayanda then married Ben out of community of property in 2003. Three children were born from their marriage, namely Xandi, Yvette and Zoya. Xandi had a child, Mary. In 2004, Ayanda and Ben made a mutual will in which they bequeathed their entire estates to each other. On 1 April 2022, Ayanda and Ben were divorced and on 1 May 2022, Ayanda again married her childhood sweetheart, Cele. This second marriage to Cele was again in community of property. The couple’s child, Dan, died in 2020 but left four children, Junior, Eve, Fiona and Siya. In addition, Cele also has a child from a previous marriage with Wendy, namely Gerald. Ayanda died on 21 May 2022. Ayanda and Cele’s joint estate is worth R3 000 000. Explain how the estate will be divided after Ayanda’s death and give reasons for your answer. (10) Question 2 2.1 Teddy's valid will contains the following bequest: "I leave my farm, Sandspruit, to my wife Susan. When my son John reaches the age of thirty the farm must be transferred into his name." Briefly discuss whether each of the following legal concepts occur in this bequest and give reasons for your answers: (a) Resolutive condition (2) (b) Suspensive time clause (2) (c) Resolutive time clause (2) (d) Fideicommissum (2) 2.2 After the testator’s death, his executor approaches you for advice. It appears that the testator never owned a farm called Sandspruit, but that his farm was called Sandfontein. Advise the executor on how she should proceed to resolve this issue. (2)