This document contains workings, explanations and solutions to the LOS201/ LOS262 Assignment 1 (QUALITY ANSWERS) Semester 1 2024 - For assistance call or Whats-App us on 0.6.8...8.1.2...0.9.3.4........ Question 1 (15 marks) As the Lecturer for the Law of Succession, write a short essay in which you critically discuss the use of the term collation to your students. In your discussion include the various terms for collation and the rationale for collation. You must also give an example of how a typical clause would look like in a will, where it is expected of the beneficiaries to collate. Question 2 (30 marks) Mr X and Mrs Z were married in community of property and had a joint will. Both spouses bequeathed their half of the joint estate to each other. Being safety-conscious, each night Mr X slept with a loaded revolver under his pillow. One night the revolver accidentally went off while the couple was sleeping and the bullet struck Mrs Z, who subsequently died. Mr X was convicted of culpable homicide. 2.1 Your firm has been requested to draft a legal opinion in which you advise whether Mr X can still inherit from Mrs Z in terms of her valid will. Your legal opinion must refer to appropriate case law. (20) 2.2 Mr X and Mrs Z had three children born from their marriage. A son S, and two daughters B and C. The will did not specifically indicate that the children will be the substitute heirs. Advise the three children if they have any chances of success to inherit from their mother in terms of the joint will. (6) 2.3 In the case Mr X and Mrs Z had a mutual will and massed their estates, what will the legal implications be if Mr X adiates the terms of the mutual will. (For purposes of this answer, Mr X was not convicted of culpable homicide and Mrs Z died of natural causes.) (4) Question 3 (20 marks) Read the clauses and/or bequests below. Identify each of the following clauses and/or bequests, explain what each clause and/or bequest entails, and the implication of such a clause and/or bequest in a will. ©STADIO Assignment – 2024 Semester 1 LOS201/262 Law of Succession Page 4 of 4 3.1 “I leave R500 000 to my son, James, to be used to pay for his LLB studies.” (4) 3.2 “I direct that my children need not collate any of the financial contributions they received from me during my lifetime, and I remit collation so far as they are concerned.” (3) 3.3 “I leave my farm to my son Ralph, but the lifelong right to use and enjoyment of the farm, I leave to my wife, Lillian.” (5) 3.4 “Signed by me in the presence of two witnesses, all of us having signed in the presence of each other.” (3) 3.5 “The Master of the High Court is directed to dispense with the necessity of my Executor furnishing security.” (2) 3.6 “I revoke all prior wills, codicils and testamentary dispositions made by me and declare this to be my last will and testament.” (3) Question 4 (10 marks) Mr X had two children from a previous marriage. He subsequently remarried and executed a will where he left his entire estate to his newly married spouse. No children were born from this marriage. Mr X could not locate his previous will where he bequeathed his entire estate to his spouse. He was concerned and decided to dictate a will in the presence of two witnesses, which will was written by his new spouse. Mr X signed the will. In terms of the later will, he revoked the previous will and once again bequeathed the entire estate to his current spouse. Due to a fatal accident Mr X died. ABC Bank Limited lodged the first will whereupon the current spouse of Mr X eventually managed, through court intervention, to declare the second will valid. The daughters contended that section 4A of the Wills Act is applicable and claimed that the section must be interpreted that the spouse is entitled to only an intestate share. Discuss the application of section 4A of the Wills Act with reference to Blom v Brown [2011] 3 ALL SA 233 (SCA). You must refer to the legal issues to be determined, the ruling of the Appeal Court, the decision of the Appeal Court and your own conclusion.
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