PVL2602
ASSESSMENT 1
SEMESTER 2 – 2022
, Question 1
Xander died intestate in April 2021 and is survived by the following relatives:
• Belinda, Celia and Dlali, his wives to whom he was married according to
Muslim rites. He had also been married to Jordan according to Muslim rites
but she died in an accident in 2007.
• Xander and Belinda had two children, Ella and Frans. Frans is still alive but
Ella died in a car accident in 2012 and is survived by a daughter, Yandi.
• Xander and Celia had two children, Greg and Hlato. Hlato is still alive but
Greg also died in the accident in 2012 and is survived by her adopted son,
Zeno.
• Xander and Jordan had one child – a daughter, Kay.
• Xander’s parents, Mbali and Paul, are still alive as is his brother, Sonny.
Xander’s estate (after all matrimonial property divisions have been dealt with)
amounts to R800 000. Calculate how Xander’s estate will devolve and give
reasons for your calculations. Remember that your reasons are as important as
your calculations. (10)
Question 2
John and Andrew were very close friends. In 2020, during a discussion of their
respective futures, they decided that they would each execute a will in terms of
which they will benefit each other. Both were unmarried, and Andrew had no
descendants or immediate family. John only had a son, Peter, from a
relationship forty years ago, but he had lost touch with him and did not even
know his whereabouts. Shortly after the discussion, John drafted a will on his
computer and e-mailed it to Andrew. In this document he left his entire estate to
Andrew. Eight months after drafting this document, John died without him or
witnesses having signed it.
Advise Andrew whether he can inherit John’s estate in terms of the e-mailed
document, since Peter has now appeared and wants to claim the estate as the
only intestate heir. Refer to case law. (10)
ASSESSMENT 1
SEMESTER 2 – 2022
, Question 1
Xander died intestate in April 2021 and is survived by the following relatives:
• Belinda, Celia and Dlali, his wives to whom he was married according to
Muslim rites. He had also been married to Jordan according to Muslim rites
but she died in an accident in 2007.
• Xander and Belinda had two children, Ella and Frans. Frans is still alive but
Ella died in a car accident in 2012 and is survived by a daughter, Yandi.
• Xander and Celia had two children, Greg and Hlato. Hlato is still alive but
Greg also died in the accident in 2012 and is survived by her adopted son,
Zeno.
• Xander and Jordan had one child – a daughter, Kay.
• Xander’s parents, Mbali and Paul, are still alive as is his brother, Sonny.
Xander’s estate (after all matrimonial property divisions have been dealt with)
amounts to R800 000. Calculate how Xander’s estate will devolve and give
reasons for your calculations. Remember that your reasons are as important as
your calculations. (10)
Question 2
John and Andrew were very close friends. In 2020, during a discussion of their
respective futures, they decided that they would each execute a will in terms of
which they will benefit each other. Both were unmarried, and Andrew had no
descendants or immediate family. John only had a son, Peter, from a
relationship forty years ago, but he had lost touch with him and did not even
know his whereabouts. Shortly after the discussion, John drafted a will on his
computer and e-mailed it to Andrew. In this document he left his entire estate to
Andrew. Eight months after drafting this document, John died without him or
witnesses having signed it.
Advise Andrew whether he can inherit John’s estate in terms of the e-mailed
document, since Peter has now appeared and wants to claim the estate as the
only intestate heir. Refer to case law. (10)
