Pvl2602 Assignment 1 (Detailed Answers) Semester 1 2025 - Distinction Guaranteed

PVL2602
Assignment 1 Semester 1 2025
Unique #: 815501

Due Date: April 2025



Detailed solutions, explanations, workings
and references.

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, Question 1

Tom’s valid will provides as follows:
“I leave R 20 000 to my daughter, Fran. She must receive this benefit before any
other benefit is paid out.”
The bequest to Fran is called …

Select one:
a. a modus
b. a prelegacy ✅
c. an inheritance
d. a bequest price

The correct answer is: a prelegacy.




Question 2

Tabitha married Gilbert in community of property in 1990. In 1996, they made a
mutual will in which they left their house to their only two children, John and Mimi,
and appointed each other as the heir to the residue of the estate of the first
deceased.
In March 2023, Tabitha and Gilbert were divorced. In April 2023, Tabitha married
Sam. Two days after the wedding, Tabitha was killed in a car crash. She had
never changed her will. How will the residue of Tabitha’s estate devolve?




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, Select one:
a. Gilbert, John and Mimi will inherit the residue of the estate.
b. Sam, John and Mimi will inherit the residue of the estate. ✅
c. John and Mimi will inherit the residue of the estate.
d. Sam will inherit the residue of the estate.

The correct answer is: Sam, John and Mimi will inherit the residue of the
estate.




Question 3

In which case did the court hold that the court can vary a trust provision in a will if
the provision brings about consequences that were unforeseen by the trust
founder and that conflict with the public interest?

Select one:
a. Theron v The Master of the High Court [2001] All SA 507 (NC)
b. Barclays Bank DC & O v Anderson 1959 SA 478 (T)
c. Minister of Education v Syfrets Trust Ltd 2006 (4) SA 205 (C) ✅
d. Aronson v Estate Hart and others 1950 (1) SA 539 (A)

The correct answer is: Minister of Education v Syfrets Trust Ltd 2006 (4) SA
205 (C).




Question 4

Tom’s valid will provides as follows:
“I leave my estate in trust to my trustee, Xolisa. My wife, Wanda, must receive the
income from the trust during her lifetime. At her death, my children, Peter and
John must receive the capital of the trust.”

Who is the owner of the trust property after Tom’s death?

Select one:
a. Wanda, Peter and John



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, b. Wanda
c. Xolisa ✅
d. Peter and John

The correct answer is: Xolisa.




Question 5

Tiro made a valid will in 2019. In 2020, he decided that he wanted to change the
name of one of the beneficiaries. He used “tippex” to erase the name and wrote
the name of the new beneficiary over the “tippex.” Will this amendment be valid?

Select one:
a. Yes, provided he signed next to the amendment.
b. No, because one is not allowed to use “tippex” in a will. The will should have
been retyped and re-executed.
c. Yes, provided a commissioner of oaths attached the certificate required by
section 2(1)(a)(v) of the Wills Act 7 of 1953.
d. Yes, provided he and two witnesses signed next to the amendment. ✅

The correct answer is: Yes, provided he and two witnesses signed next to
the amendment.




Question 6

Minister of Education v Syfrets Trust Ltd 2006 (4) SA 205 (C) provides authority
for the following statement:

Select one:
a. The principle of freedom of testation is unfettered in our law.
b. A provision in a will that constitutes unfair discrimination may be deleted
by a court based on its common law power to delete provisions that are
contra bonos mores. ✅
c. The boni mores as it prevailed when the will was made should be applied when
deciding whether a clause in a will is invalid or not.


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