2025 – S1 – PVL2602 – ASSESSMENT 1 – Q&A
Assessment 1
Started on Monday, 17 February 2025,
State Finished
Completed on Monday, 17 February 2025,
Time taken
Marks 20.00/20.00
Grade 100.00 out of 100.00
Question 1
The difference between a trustee and a fiduciary is that…
Select one:
a.
a trustee has a real right in the property whilst a fiduciary has a limited real right.
b.
a trustee has a limited real right in the property whilst a fiduciary has a real right.
c.
a fiduciary may use and enjoy the property whilst a trustee has no beneficial interest
in the property.
d.
a trustee may use and enjoy the property whilst a fiduciary must preserve the
property.
Feedback
The correct answer is: a fiduciary may use and enjoy the property whilst a trustee
has no beneficial interest in the property.
Question 2
Tom died in 2018, leaving his wife Wendy, his daughter Daisy, Daisy’s minor son
Fred, and Tom’s sister, Sarah.
Tom’s valid will provides as follows:
“I leave my car to my grandson, Fred. He may only use it when he reaches the age
of 18 years.”
1
,2025 – S1 – PVL2602 – ASSESSMENT 1 – Q&A
What is the legal concept called that is established by this provision and when
will dies cedit and dies venit take place for Fred?
Select one:
a.
This is an unconditional bequest where both dies cedit and dies venit took place at
the testator’s death.
b.
This is an unconditional bequest subject to a suspensive time clause where dies
cedit took place at the testator’s death and dies venit will take place when Fred turns
18.
c.
This is a bequest subject to a suspensive condition where both dies cedit and dies
venit are postponed until Fred turns 18.
d.
This is a bequest subject to a terminative condition where both dies cedit and dies
venit took place at the testator’s death.
Feedback
The correct answer is: This is an unconditional bequest subject to a suspensive time
clause where dies cedit took place at the testator’s death and dies venit will take
place when Fred turns 18.
Question 3
Buhle Baloyi, a 94-year-old retired judge, was diagnosed with rheumatoid arthritis
and as a result, he spent most of his days in bed, as he was in severe physical pain.
He was looked after by his wife, Daisy Baloyi (67 years old), who took care of his
daily needs.
Buhle had had a will in place since 2001, in terms of which he bequeathed his entire
estate to his wife, Daisy.
Buhle’s condition took a turn for the worst in August 2023. He was hospitalised and
placed on strong medication. During Buhle’s time in hospital, he was befriended by a
2
,2025 – S1 – PVL2602 – ASSESSMENT 1 – Q&A
nurse, Pamela (25 years old). Pamela treated Buhle with utmost kindness and told
Buhle that it is “an absolute honour to care for such a great public figure.” Pamela
took it upon herself to read the newspaper to Buhle every morning and told him that
it is a shame that his wife does not take the time to do these little things for him given
the state of his health. Pamela also told the nursing staff that she wants "to win his
heart!”
Buhle sadly died on 16 August 2023. A handwritten piece of paper with the following
words on it was found in the drawer next to his hospital bed:
“I hereby revoke all previous wills and leave everything to my sweet Pamela.”
It was signed by Buhle with his initials as well as by Pamela and two other nurses.
You are an attorney at ERF Attorneys. Daisy consults with you on 19 August 2023,
and states that she seeks to challenge the validity of Buhle’s new will. On what
grounds can Daisy challenge the validity of this will?
Select one:
a.
The fact that Buhle lacked testamentary capacity because of his advanced age.
b.
The fact that the will lacked formalities because Buhle signed with his initials.
c.
The fact that a beneficiary signed as a witness.
d.
The fact that Buhle lacked volition due to undue influence.
Feedback
The correct answer is: The fact that Buhle lacked volition due to undue influence.
Question 4
Tom made a will in which he appointed his wife, Ethel, as his sole heir. He also
appointed her as the executor of the estate. Which one of the following statements
regarding Ethel’s legal position is correct?
3
, 2025 – S1 – PVL2602 – ASSESSMENT 1 – Q&A
Select one:
a.
Ethel may inherit in terms of the will because her appointment as executor has no
influence on her capacity to benefit under the will.
b.
Ethel may only inherit in terms of the will if she rejects her appointment as executor.
c.
Ethel may only inherit in terms of the will if she applies for a court order to this effect
and the High Court finds in her favour.
d.
Ethel may only inherit in terms of the will if she would have been an intestate heir
had Tom died without a will.
Feedback
The correct answer is: Ethel may inherit in terms of the will because her appointment
as executor has no influence on her capacity to benefit under the will.
Question 5
Tandi, a widower, asked his daughter-in-law, Sally, who is married to his son,
Charlie, to draft a will for him.
In the will he provides that an amount of R200 000 goes to his son Charlie and that
the residue of the estate is to be divided in equal shares among his three children,
Bongani, Charlie and Dillon.
After Sally had typed the will, Tandi signed the will in the presence of all his children
and his friends, Fred and Gina. Charlie and Gina then signed the will as witnesses.
When Tandi died, he was survived by his three children only and left no other
relatives. His estate amounted to R400 000. Dillon and Bongani are unhappy that
Charlie will inherit a greater share of the estate.
Choose the scenario that is applicable to these facts if Charlie cannot afford to get a
court order:
4
Assessment 1
Started on Monday, 17 February 2025,
State Finished
Completed on Monday, 17 February 2025,
Time taken
Marks 20.00/20.00
Grade 100.00 out of 100.00
Question 1
The difference between a trustee and a fiduciary is that…
Select one:
a.
a trustee has a real right in the property whilst a fiduciary has a limited real right.
b.
a trustee has a limited real right in the property whilst a fiduciary has a real right.
c.
a fiduciary may use and enjoy the property whilst a trustee has no beneficial interest
in the property.
d.
a trustee may use and enjoy the property whilst a fiduciary must preserve the
property.
Feedback
The correct answer is: a fiduciary may use and enjoy the property whilst a trustee
has no beneficial interest in the property.
Question 2
Tom died in 2018, leaving his wife Wendy, his daughter Daisy, Daisy’s minor son
Fred, and Tom’s sister, Sarah.
Tom’s valid will provides as follows:
“I leave my car to my grandson, Fred. He may only use it when he reaches the age
of 18 years.”
1
,2025 – S1 – PVL2602 – ASSESSMENT 1 – Q&A
What is the legal concept called that is established by this provision and when
will dies cedit and dies venit take place for Fred?
Select one:
a.
This is an unconditional bequest where both dies cedit and dies venit took place at
the testator’s death.
b.
This is an unconditional bequest subject to a suspensive time clause where dies
cedit took place at the testator’s death and dies venit will take place when Fred turns
18.
c.
This is a bequest subject to a suspensive condition where both dies cedit and dies
venit are postponed until Fred turns 18.
d.
This is a bequest subject to a terminative condition where both dies cedit and dies
venit took place at the testator’s death.
Feedback
The correct answer is: This is an unconditional bequest subject to a suspensive time
clause where dies cedit took place at the testator’s death and dies venit will take
place when Fred turns 18.
Question 3
Buhle Baloyi, a 94-year-old retired judge, was diagnosed with rheumatoid arthritis
and as a result, he spent most of his days in bed, as he was in severe physical pain.
He was looked after by his wife, Daisy Baloyi (67 years old), who took care of his
daily needs.
Buhle had had a will in place since 2001, in terms of which he bequeathed his entire
estate to his wife, Daisy.
Buhle’s condition took a turn for the worst in August 2023. He was hospitalised and
placed on strong medication. During Buhle’s time in hospital, he was befriended by a
2
,2025 – S1 – PVL2602 – ASSESSMENT 1 – Q&A
nurse, Pamela (25 years old). Pamela treated Buhle with utmost kindness and told
Buhle that it is “an absolute honour to care for such a great public figure.” Pamela
took it upon herself to read the newspaper to Buhle every morning and told him that
it is a shame that his wife does not take the time to do these little things for him given
the state of his health. Pamela also told the nursing staff that she wants "to win his
heart!”
Buhle sadly died on 16 August 2023. A handwritten piece of paper with the following
words on it was found in the drawer next to his hospital bed:
“I hereby revoke all previous wills and leave everything to my sweet Pamela.”
It was signed by Buhle with his initials as well as by Pamela and two other nurses.
You are an attorney at ERF Attorneys. Daisy consults with you on 19 August 2023,
and states that she seeks to challenge the validity of Buhle’s new will. On what
grounds can Daisy challenge the validity of this will?
Select one:
a.
The fact that Buhle lacked testamentary capacity because of his advanced age.
b.
The fact that the will lacked formalities because Buhle signed with his initials.
c.
The fact that a beneficiary signed as a witness.
d.
The fact that Buhle lacked volition due to undue influence.
Feedback
The correct answer is: The fact that Buhle lacked volition due to undue influence.
Question 4
Tom made a will in which he appointed his wife, Ethel, as his sole heir. He also
appointed her as the executor of the estate. Which one of the following statements
regarding Ethel’s legal position is correct?
3
, 2025 – S1 – PVL2602 – ASSESSMENT 1 – Q&A
Select one:
a.
Ethel may inherit in terms of the will because her appointment as executor has no
influence on her capacity to benefit under the will.
b.
Ethel may only inherit in terms of the will if she rejects her appointment as executor.
c.
Ethel may only inherit in terms of the will if she applies for a court order to this effect
and the High Court finds in her favour.
d.
Ethel may only inherit in terms of the will if she would have been an intestate heir
had Tom died without a will.
Feedback
The correct answer is: Ethel may inherit in terms of the will because her appointment
as executor has no influence on her capacity to benefit under the will.
Question 5
Tandi, a widower, asked his daughter-in-law, Sally, who is married to his son,
Charlie, to draft a will for him.
In the will he provides that an amount of R200 000 goes to his son Charlie and that
the residue of the estate is to be divided in equal shares among his three children,
Bongani, Charlie and Dillon.
After Sally had typed the will, Tandi signed the will in the presence of all his children
and his friends, Fred and Gina. Charlie and Gina then signed the will as witnesses.
When Tandi died, he was survived by his three children only and left no other
relatives. His estate amounted to R400 000. Dillon and Bongani are unhappy that
Charlie will inherit a greater share of the estate.
Choose the scenario that is applicable to these facts if Charlie cannot afford to get a
court order:
4
