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PVL2602 OCT/NOV 2017 MEMO

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PVL2602 ANSWERS OCT/NOV 2017

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Law of Succession Exam Pack 2017


Oct/Nov 2017


Section A

1. 1

2. 4

3. 2

4. 3

5. 4

6. 4

7. 2

8. 3

9. 4

10. 4

11. 4

12. 3

13. 2

14. 2

15. 1

, Section B
1.1.

Wendy - 100 % R230 000 (because of the child’s share)

1.2

Mary will inherit the whole estate 100%

1.3

Barry 1/3 Christian 1/3 Sarah 1/3

1.4

Wanda R250 000 Abel R250 000

1.5

The son will inherit the entire estate. Where a minor is bequeathed movable property, he or
.she will acquire a vested right to the property when the deceased dies. Because the minor's
capacity to exercise all the rights of ownership in respect of the property is limited, the movable
property concerned will, however, not be delivered to the minor but to the minor's guardian
who will have to ensure that the property is used for the minor's benefit or kept safely for the
minor's future use. If its money the minor acquires a vested right to the money, but it will not
be physically given to him or her in case he or she spends the money carelessly. For the same
reason, however, money will also not be deposited with the minor's guardian but however the
Administration of Estates Act requires that money be placed into what is known as the
Guardian's Fund. Immovable property is not transferred to a minor's guardian but is
immediately registered in the minor's name in the deeds registry.

Question 2

Nimoy and Vickie’s estate is worth R 1 800 000

The first step is to deduct R900 000 which Vickie is going to receive because of the joint estate
which existed among them in terms of Matrimonial Property system/ law.

Nimoy’s estate is now worth R900 000

Where the deceased is survived by a spouse as well as a descendant or descendants, the surviving
spouse inherits whichever is the greater of either a child's portion (also called a child's share) or an
amount fixed from time to time by the Minister of Justice and Constitutional Development which is
presently R250 000.

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