PVL2602 Exam Pack 2025 – Accurate Questions and
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PVL2602 EXAM PACK – LAW OF SUCCESSION
Section A: Intestate Succession
1. What is the primary source of South African law of intestate succession?
A) The Wills Act 7 of 1953
B) The Administration of Estates Act 66 of 1965
C) The Intestate Succession Act 81 of 1987
D) Common Law
Rationale: The Intestate Succession Act 81 of 1987 is the statute that specifically
governs how an estate is distributed when a person dies without a valid will. The
other acts govern different aspects of deceased estates.
2. John dies intestate. He is survived by his spouse, Mary, and one child. His
estate is worth R500,000. How will the estate be divided?
A) Mary gets R250,000, the child gets R250,000.
,B) Mary gets a child's share, but not less than R125,000.
C) Mary gets R500,000.
D) The child gets R500,000.
Rationale: According to the Intestate Succession Act, the surviving spouse
receives a child's share or R125,000, whichever is greater. With one child, the
estate is divided into two child's shares (R250,000 each). Mary gets one share
(R250,000), which is greater than R125,000.
3. A "child" for the purposes of intestate succession includes:
A) Only biological children born from a marriage.
B) Biological children, adopted children, and children born out of wedlock.
C) Only children under the age of 18.
D) Only children explicitly named in a previous will.
Rationale: The Act defines a child broadly to include all biological children (in or
out of wedlock), adopted children, and in some cases, children conceived but not
yet born (nasciturus).
4. If a person dies intestate and is not survived by a spouse, descendant, or
ascendant, the estate devolves to:
A) The State.
B) The brothers and sisters of the deceased.
, C) The nearest blood relative, no matter how distant.
D) The Guardian's Fund.
Rationale: The order of succession in the Act is: spouse/descendants -> ascendants
-> collaterals (siblings, etc.). If there are no relatives in any of these classes, the
estate is forfeited to the State.
5. The condictio sine causa specialis is a claim that:
A) Allows an heir to claim assets from the estate.
B) Allows a surviving spouse to claim for loss of support.
C) Allows an intestate heir who received nothing from the estate to claim from an
heir who was overpaid.
D) Allows the executor to claim debts from the deceased's debtors.
Rationale: This is a special remedy that aims to correct unjust enrichment that
occurs when the distribution in terms of the Intestate Succession Act is incorrect,
and one heir benefits at the expense of another.
Section B: Testate Succession (Wills)
6. The formalities for a valid will are primarily prescribed by:
A) The Intestate Succession Act.
Verified Correct Solutions with Rationale
|| 100% Guaranteed Pass
<Latest Version>
PVL2602 EXAM PACK – LAW OF SUCCESSION
Section A: Intestate Succession
1. What is the primary source of South African law of intestate succession?
A) The Wills Act 7 of 1953
B) The Administration of Estates Act 66 of 1965
C) The Intestate Succession Act 81 of 1987
D) Common Law
Rationale: The Intestate Succession Act 81 of 1987 is the statute that specifically
governs how an estate is distributed when a person dies without a valid will. The
other acts govern different aspects of deceased estates.
2. John dies intestate. He is survived by his spouse, Mary, and one child. His
estate is worth R500,000. How will the estate be divided?
A) Mary gets R250,000, the child gets R250,000.
,B) Mary gets a child's share, but not less than R125,000.
C) Mary gets R500,000.
D) The child gets R500,000.
Rationale: According to the Intestate Succession Act, the surviving spouse
receives a child's share or R125,000, whichever is greater. With one child, the
estate is divided into two child's shares (R250,000 each). Mary gets one share
(R250,000), which is greater than R125,000.
3. A "child" for the purposes of intestate succession includes:
A) Only biological children born from a marriage.
B) Biological children, adopted children, and children born out of wedlock.
C) Only children under the age of 18.
D) Only children explicitly named in a previous will.
Rationale: The Act defines a child broadly to include all biological children (in or
out of wedlock), adopted children, and in some cases, children conceived but not
yet born (nasciturus).
4. If a person dies intestate and is not survived by a spouse, descendant, or
ascendant, the estate devolves to:
A) The State.
B) The brothers and sisters of the deceased.
, C) The nearest blood relative, no matter how distant.
D) The Guardian's Fund.
Rationale: The order of succession in the Act is: spouse/descendants -> ascendants
-> collaterals (siblings, etc.). If there are no relatives in any of these classes, the
estate is forfeited to the State.
5. The condictio sine causa specialis is a claim that:
A) Allows an heir to claim assets from the estate.
B) Allows a surviving spouse to claim for loss of support.
C) Allows an intestate heir who received nothing from the estate to claim from an
heir who was overpaid.
D) Allows the executor to claim debts from the deceased's debtors.
Rationale: This is a special remedy that aims to correct unjust enrichment that
occurs when the distribution in terms of the Intestate Succession Act is incorrect,
and one heir benefits at the expense of another.
Section B: Testate Succession (Wills)
6. The formalities for a valid will are primarily prescribed by:
A) The Intestate Succession Act.
