, LJU4804 Assignment 2
Semester 2 2025
DUE 29 August 2025
Use this document as a guide and for references to answer your assignment
QUESTION 1
1.1 Mrs Musonga’s first will was formally valid in terms of the law of the place of
execution only. Her second will is found to be formally invalid in terms of all the
possible testing systems as per section 3 bis (1)(a) of the Wills Act, but valid in
terms of Malawian law. Who inherits Mrs Musonga’s estate? Discuss. (Note: You
have do discuss s 3 bis (1)(d) of the Wills Act 7 of 1953). (5)
1. The Facts in Conflict of Laws Context
2006: First will executed in Malawi → husband sole heir. Valid under law of
place of execution (Malawi).
2010: Divorce → under most legal systems, divorce revokes provisions in
favour of the ex-spouse.
2011: Second will executed in Germany → revoked the first will, appointing
her mother sole heir. Formally invalid under all section 3bis(1)(a) testing
systems (connecting factors: domicile, nationality, place of execution, situs of
property, etc.), except valid under Malawian law.
2019: Domicile = South Africa; citizenship = Zimbabwe; death in England.
Assets = South African immovable property.
2. The Relevant Law (Conflict Rules and the Wills Act)
Section 3bis (1)(a) Wills Act 7 of 1953: A will is formally valid if it
complies with the internal law of either:
o the place where the testator made it,
o the country where the testator was domiciled or habitually resident at
the time of making it or death, or
o the country of which the testator was a national at the time of making it
or death.
Semester 2 2025
DUE 29 August 2025
Use this document as a guide and for references to answer your assignment
QUESTION 1
1.1 Mrs Musonga’s first will was formally valid in terms of the law of the place of
execution only. Her second will is found to be formally invalid in terms of all the
possible testing systems as per section 3 bis (1)(a) of the Wills Act, but valid in
terms of Malawian law. Who inherits Mrs Musonga’s estate? Discuss. (Note: You
have do discuss s 3 bis (1)(d) of the Wills Act 7 of 1953). (5)
1. The Facts in Conflict of Laws Context
2006: First will executed in Malawi → husband sole heir. Valid under law of
place of execution (Malawi).
2010: Divorce → under most legal systems, divorce revokes provisions in
favour of the ex-spouse.
2011: Second will executed in Germany → revoked the first will, appointing
her mother sole heir. Formally invalid under all section 3bis(1)(a) testing
systems (connecting factors: domicile, nationality, place of execution, situs of
property, etc.), except valid under Malawian law.
2019: Domicile = South Africa; citizenship = Zimbabwe; death in England.
Assets = South African immovable property.
2. The Relevant Law (Conflict Rules and the Wills Act)
Section 3bis (1)(a) Wills Act 7 of 1953: A will is formally valid if it
complies with the internal law of either:
o the place where the testator made it,
o the country where the testator was domiciled or habitually resident at
the time of making it or death, or
o the country of which the testator was a national at the time of making it
or death.
