lOMoAR cPSD| 48680473
Downloaded by Vincent kyalo ()
,1. Testator Tyson made a valid will in 2018. In 2019 he decided that he wanted to
change the name of one of the beneficiaries. He used <tippex= to erase the
name and then wrote in the name of the new beneficiary. Will this amendment
be valid?
[1] Yes, provided he signed next to the amendment.
[2] Yes, provided he and two witnesses signed next to the amendment.
[3] Yes,provided a commissioner of oaths attached the certificate required by
section 2(1)(a)(v) of the Wills Act 7 of 1953.
[4] No,because one is not allowed to use <tippex= in a will. The will should
have been retyped and re-executed.
2. Testator Tom provided as follows in his will: <I leave my house to my
daughter, Dalene, provided that she never leaves South Africa permanently.=
This bequest ...
[1] is a nudum praeceptum.
[2] creates a trust in favour of Dalene.
[3] is subject to a suspensive condition.
[4] postpones dies venit for Dalene.
3. What is the process called where a court adds, deletes or changes something in
a will because the testator had made a mistake when making the will and the
will does not reflect his intention correctly?
[1] Rectification
[2] Deletion
[3] Alteration
[4] Ratification
4. If a charitable trust becomes impossible to carry out to the letter, the court will
allow it to be carried out for a purpose as near as possible to the original
purpose. This is called &
[1] the variation of a trust.
[2] a power of appointment.
[3] the cy prŁs doctrine.
, [4] the ad pias causas concept.
5. Which one of the following persons will NOT be able to claim maintenance
from the deceased in terms of the Maintenance of Surviving Spouses Act 27 of
1990?
[1] The deceased’s wife in a monogamous Muslim marriage.
[2] The deceased’s wives in a polygamous Muslim marriage.
[3] The deceased’s heterosexual life partner.
[4] The deceased’s homosexual life partner in a civil union.
6. Testator Thabo provided as follows in his will:
<I bequeath my farm to my son, Sipho, provided that he obtains an LLB degree
within 6 years of the time of my death. If he does not, my sister Anele will
inherit the farm.= This bequest provides an example of ...
[1] an absolute bequest.
[2] a direct substitution.
[3] a suspensive time clause.
[4] a fideicommissary substitution
7. Ben and Charmaine were married in community of property. Ben murdered
Charmaine. In light of recent case law, which of the following benefits will Ben
be permitted to receive after Charmaine’s death?
[1] Ben’s share of the joint estate.
[2] Charmaine’s pension benefits.
[3] Maintenance in terms of the Maintenance of Surviving Spouses Act 27 of
1990.
[4] None of the answers are correct
8. The Master may dispense with the appointment of an executor if ....
[1] the deceased died intestate.
[2] the value of the estate is less than R250 000.
[3] the value of the estate is less than R125 000.
[4] the beneficiaries apply to the Master not to appoint an executor
, 9. Testator Xolisa provided as follows in his will:
<I leave my yacht to my two sons, Bongani and Andile.= After his death,
Xolisa’s only surviving relatives were his son, Andile, his daughter, Denise,
and his grandson, Gavin. Gavin was the son of Bongani, who died before the
testator. Who inherited Xolisa’s yacht?
[1] Andile, because Bongani and Andile, were joined re et verbis and therefore
Bongani’s share accrued to Andile.
[2] Andile and Gavin, since Gavin substituted Bongani ex lege in terms of
section 2C(2) of the Wills Act 7 of 1953.
[3] Andile and Denise, since Denise inherited in the place of her predeceased
brother, Bongani.
[4] Andile, Denise and Gavin, since they were the intestate heirs.
10. The capacity given to an existing trustee to appoint an additional trustee is
called:
[1] Substitution
[2] Treuhand
[3] Power of assumption
[4] Power of appointment
11. Testator Tom provided as follows in his will:
<I leave my house to my wife, Wendy. The residue of my estate I bequeath to
my sisters, Mary and Nina.= Tom and Wendy were killed in the same car
accident. Tom’s only surviving relatives were his sisters, Mary and Nina, and
his brother, Ben. Wendy was survived by her sister, Susan. Who inherited
Tom’s house?
[1] Mary and Nina, since they are Tom’s testate heirs. [2] Susan, since she
inherited the house from Wendy.
[3] Wendy, since that was what Tom provided in his will
[4] Mary, Nina and Ben, since they are Tom’s intestate heirs
12. If a will is made in a country other than South Africa, which legal system’s
formalities must be complied with in order for the will to be valid in terms of
South African law? Choose the most suitable answer.
Downloaded by Vincent kyalo ()
,1. Testator Tyson made a valid will in 2018. In 2019 he decided that he wanted to
change the name of one of the beneficiaries. He used <tippex= to erase the
name and then wrote in the name of the new beneficiary. Will this amendment
be valid?
[1] Yes, provided he signed next to the amendment.
[2] Yes, provided he and two witnesses signed next to the amendment.
[3] Yes,provided a commissioner of oaths attached the certificate required by
section 2(1)(a)(v) of the Wills Act 7 of 1953.
[4] No,because one is not allowed to use <tippex= in a will. The will should
have been retyped and re-executed.
2. Testator Tom provided as follows in his will: <I leave my house to my
daughter, Dalene, provided that she never leaves South Africa permanently.=
This bequest ...
[1] is a nudum praeceptum.
[2] creates a trust in favour of Dalene.
[3] is subject to a suspensive condition.
[4] postpones dies venit for Dalene.
3. What is the process called where a court adds, deletes or changes something in
a will because the testator had made a mistake when making the will and the
will does not reflect his intention correctly?
[1] Rectification
[2] Deletion
[3] Alteration
[4] Ratification
4. If a charitable trust becomes impossible to carry out to the letter, the court will
allow it to be carried out for a purpose as near as possible to the original
purpose. This is called &
[1] the variation of a trust.
[2] a power of appointment.
[3] the cy prŁs doctrine.
, [4] the ad pias causas concept.
5. Which one of the following persons will NOT be able to claim maintenance
from the deceased in terms of the Maintenance of Surviving Spouses Act 27 of
1990?
[1] The deceased’s wife in a monogamous Muslim marriage.
[2] The deceased’s wives in a polygamous Muslim marriage.
[3] The deceased’s heterosexual life partner.
[4] The deceased’s homosexual life partner in a civil union.
6. Testator Thabo provided as follows in his will:
<I bequeath my farm to my son, Sipho, provided that he obtains an LLB degree
within 6 years of the time of my death. If he does not, my sister Anele will
inherit the farm.= This bequest provides an example of ...
[1] an absolute bequest.
[2] a direct substitution.
[3] a suspensive time clause.
[4] a fideicommissary substitution
7. Ben and Charmaine were married in community of property. Ben murdered
Charmaine. In light of recent case law, which of the following benefits will Ben
be permitted to receive after Charmaine’s death?
[1] Ben’s share of the joint estate.
[2] Charmaine’s pension benefits.
[3] Maintenance in terms of the Maintenance of Surviving Spouses Act 27 of
1990.
[4] None of the answers are correct
8. The Master may dispense with the appointment of an executor if ....
[1] the deceased died intestate.
[2] the value of the estate is less than R250 000.
[3] the value of the estate is less than R125 000.
[4] the beneficiaries apply to the Master not to appoint an executor
, 9. Testator Xolisa provided as follows in his will:
<I leave my yacht to my two sons, Bongani and Andile.= After his death,
Xolisa’s only surviving relatives were his son, Andile, his daughter, Denise,
and his grandson, Gavin. Gavin was the son of Bongani, who died before the
testator. Who inherited Xolisa’s yacht?
[1] Andile, because Bongani and Andile, were joined re et verbis and therefore
Bongani’s share accrued to Andile.
[2] Andile and Gavin, since Gavin substituted Bongani ex lege in terms of
section 2C(2) of the Wills Act 7 of 1953.
[3] Andile and Denise, since Denise inherited in the place of her predeceased
brother, Bongani.
[4] Andile, Denise and Gavin, since they were the intestate heirs.
10. The capacity given to an existing trustee to appoint an additional trustee is
called:
[1] Substitution
[2] Treuhand
[3] Power of assumption
[4] Power of appointment
11. Testator Tom provided as follows in his will:
<I leave my house to my wife, Wendy. The residue of my estate I bequeath to
my sisters, Mary and Nina.= Tom and Wendy were killed in the same car
accident. Tom’s only surviving relatives were his sisters, Mary and Nina, and
his brother, Ben. Wendy was survived by her sister, Susan. Who inherited
Tom’s house?
[1] Mary and Nina, since they are Tom’s testate heirs. [2] Susan, since she
inherited the house from Wendy.
[3] Wendy, since that was what Tom provided in his will
[4] Mary, Nina and Ben, since they are Tom’s intestate heirs
12. If a will is made in a country other than South Africa, which legal system’s
formalities must be complied with in order for the will to be valid in terms of
South African law? Choose the most suitable answer.
