,+UNIVERSITY EXAMINATIONS
May/June 2024
PVL2602
Law of Succession
100 marks
Duration: 2 Hours
QUESTIONS
Which court(s) may interpret a will?
[1] A High Court.
[2] A Magistrate’s Court.
• [3] A special court for interpreting wills.
• [4] A Magistrate’s Court and a High Court.
Which of the following persons cannot inherit from a deceased person in terms of intestate
succession law?
• [1] A prodigal.
• [2] The child of the deceased born outside of a valid marriage.
• [3] An unborn child, if he or she is born alive after the death of the deceased.
• [4] A juristic person, such as the SPCA.
According to Rhode v Stubbs 2005 (5) SA 104 (SCA), massing takes place when...
• [1] the surviving testator accepts a benefit in terms of a mutual will, irrespective of the
intention of the parties to the mutual will.
• [2] a testator in a mutual will disposes of his or her own estate as well as of the estate of the
other testator.
• [3] testators join their estates or portions of their estates, with the purpose of disposing of
the joint unit in a will, and the surviving testator then accepts a benefit in terms of the
will.
• [4] testators married in community of property mutually benefit each other in a mutual will.
(2)
When interpreting a will, which of the following sources may NOT be used?
,• [1] The will itself.
• [2] Armchair evidence.
• [3] Extrinsic evidence to identify a beneficiary.
• [4] Evidence as to a statement made by the testator himself or herself as to what he or she
intended.
Which one of the following bequests provides an example of a joinder re et verbis?
• [1] “I bequeath my farm to John and Peter. John is to get the portion which lies north of the
river, while Peter is to get the portion which lies south of the river.”
• [2] “I bequeath my farm to John and Peter.”
• [3] “I bequeath my farm to John and Peter in equal shares.” [4] “I bequeath my farm to
John and my car to Peter.”
Which one of the following provisions in a will creates a fideicommissary substitution?
• [1] “I bequeath my farm to my son, John. If John predeceases me, my other son, Peter, should
inherit the farm.”
, [2] “I bequeath my farm to my sons, John and Peter, in equal shares.”
[3] “I bequeath my farm to my son, John. If John dies without children, the farm must go
to my other son, Peter.”
• [4] “I bequeath the residue of my estate in trust to my sons, John and Peter.”
Temba provides as follows in his will:
“I leave my estate in trust to my trustee, Mr. Smith. My wife, Wendy, must receive the income
from the trust during her lifetime. At her death, my children, Petrus and John, must receive the
capital of the trust.”
Who is the owner of the trust property after Temba’s death?
• [1] Wendy
• [2] Mr. Smith
• [3] Petrus and John
• [4] Wendy, Petrus, and John.
Ben and Cindy were married in 2000. Shortly thereafter, they made a mutual will indicating that
the survivor would inherit everything. Two children, Don and Sam, were born from the
marriage. In January 2019, they were divorced, and in February 2019, Ben married Wim. Two
weeks later, Ben died in a car accident without changing his will.
Who will inherit Ben’s estate?
• [1] Cindy
• [2] Wim
• [3] Don and Sam
• [4] Wim, Don, and Sam
A pactum successorium in an antenuptial contract ...
• [1] is valid in our law.
• [2] is invalid in our law.
• [3] has to comply with testamentary formalities.
• [4] may be revoked in a later will by one of the parties to the contract.
A donatio mortis causa ...
• [1] is invalid in our law.
• [2] is valid if it complies with testamentary formalities.
• [3] may not be revoked by the donor.
• [4] restricts the freedom of testation of the donor.
May/June 2024
PVL2602
Law of Succession
100 marks
Duration: 2 Hours
QUESTIONS
Which court(s) may interpret a will?
[1] A High Court.
[2] A Magistrate’s Court.
• [3] A special court for interpreting wills.
• [4] A Magistrate’s Court and a High Court.
Which of the following persons cannot inherit from a deceased person in terms of intestate
succession law?
• [1] A prodigal.
• [2] The child of the deceased born outside of a valid marriage.
• [3] An unborn child, if he or she is born alive after the death of the deceased.
• [4] A juristic person, such as the SPCA.
According to Rhode v Stubbs 2005 (5) SA 104 (SCA), massing takes place when...
• [1] the surviving testator accepts a benefit in terms of a mutual will, irrespective of the
intention of the parties to the mutual will.
• [2] a testator in a mutual will disposes of his or her own estate as well as of the estate of the
other testator.
• [3] testators join their estates or portions of their estates, with the purpose of disposing of
the joint unit in a will, and the surviving testator then accepts a benefit in terms of the
will.
• [4] testators married in community of property mutually benefit each other in a mutual will.
(2)
When interpreting a will, which of the following sources may NOT be used?
,• [1] The will itself.
• [2] Armchair evidence.
• [3] Extrinsic evidence to identify a beneficiary.
• [4] Evidence as to a statement made by the testator himself or herself as to what he or she
intended.
Which one of the following bequests provides an example of a joinder re et verbis?
• [1] “I bequeath my farm to John and Peter. John is to get the portion which lies north of the
river, while Peter is to get the portion which lies south of the river.”
• [2] “I bequeath my farm to John and Peter.”
• [3] “I bequeath my farm to John and Peter in equal shares.” [4] “I bequeath my farm to
John and my car to Peter.”
Which one of the following provisions in a will creates a fideicommissary substitution?
• [1] “I bequeath my farm to my son, John. If John predeceases me, my other son, Peter, should
inherit the farm.”
, [2] “I bequeath my farm to my sons, John and Peter, in equal shares.”
[3] “I bequeath my farm to my son, John. If John dies without children, the farm must go
to my other son, Peter.”
• [4] “I bequeath the residue of my estate in trust to my sons, John and Peter.”
Temba provides as follows in his will:
“I leave my estate in trust to my trustee, Mr. Smith. My wife, Wendy, must receive the income
from the trust during her lifetime. At her death, my children, Petrus and John, must receive the
capital of the trust.”
Who is the owner of the trust property after Temba’s death?
• [1] Wendy
• [2] Mr. Smith
• [3] Petrus and John
• [4] Wendy, Petrus, and John.
Ben and Cindy were married in 2000. Shortly thereafter, they made a mutual will indicating that
the survivor would inherit everything. Two children, Don and Sam, were born from the
marriage. In January 2019, they were divorced, and in February 2019, Ben married Wim. Two
weeks later, Ben died in a car accident without changing his will.
Who will inherit Ben’s estate?
• [1] Cindy
• [2] Wim
• [3] Don and Sam
• [4] Wim, Don, and Sam
A pactum successorium in an antenuptial contract ...
• [1] is valid in our law.
• [2] is invalid in our law.
• [3] has to comply with testamentary formalities.
• [4] may be revoked in a later will by one of the parties to the contract.
A donatio mortis causa ...
• [1] is invalid in our law.
• [2] is valid if it complies with testamentary formalities.
• [3] may not be revoked by the donor.
• [4] restricts the freedom of testation of the donor.
