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PVL2602 Assignment 1 (QUALITY ANSWERS) Semester 1 2024

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  • Course
  • Law of Succession - PVL2602 (PVL2602)
  • Institution
  • University Of South Africa (Unisa)
  • Book
  • The Law of Succession in South Africa

This document contains workings, explanations and solutions to the PVL2602 Assignment 1 (QUALITY ANSWERS) Semester 1 2024. For assistance call or us on 0.6.8..8.1.2..0.9.3.4..... Question 1 In Mark 0.00 out of 1.00 Buhle Baloyi, a 94-year-old retired judge, had been suffering from a prolonged res...

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  • March 5, 2024
  • 146
  • 2023/2024
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PVL2602
Assignment 1 Semester 1 2024
Unique #:
Due Date: 2 April 2024


This document includes:

• Helpful answers and guidelines
• Detailed explanations and/ or calculations
• References




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, PVL2602-24-S1  Welcome to the module site for PVL2602 (Law of Succession)  Assessment 1

QUIZ




Started on Tuesday, 5 March 2024, 8:34 PM
State Finished
Completed on Tuesday, 5 March 2024, 9:47 PM
Time taken 1 hour 12 mins
Marks 19.00/20.00
Grade 95.00 out of 100.00


Question 1
Complete

Mark 1.00 out of 1.00




Wanda was a successful businesswoman who owned a house and several other assets. She was married to Steven, who is
currently unemployed. They had two daughters, Bea and Carla. Wanda was diagnosed with cancer and shortly thereafter she
approached ABC Trust and Wills to draw up a will for her.


She completed a form with the heading, “Instructions to draft a will” and indicated on the form that her estate must go to her
daughters. After this visit to the trust company, her health deteriorated suddenly. She died two weeks later without having
completed any further documents.


The legal position is as follows:


Select one:
a. The form that she filled in at ABC Trust is not a valid will as it only contains instructions to draw up a will and as such
it cannot be condoned in terms of section 2(3) of the Wills Act 7 of 1953 because it was not her intention that it
should be her will.
b. The form that she filled in at ABC Trust is not a valid will as it only contains instructions to draw up a will, but it can
be condoned in terms of section 2(3) of the Wills Act 7 of 1953 because she personally drafted the instructions.
c. The form that she filled in at ABC Trust is not a valid will as it only contains instructions to draw up a will, but it can
be condoned in terms of section 2(3) of the Wills Act 7 of 1953 because she had signed it.
d. The form that she filled in at ABC Trust and Wills is a valid will because it contains her intention about the division of
her estate.




Question 2
Complete

Mark 0.00 out of 1.00




Xander and Wendy were married out of community of property. They had two children, Anna and Ben. Anna died in 2005,
leaving her two children, Deon and Ethel. Xander died intestate in 2020. He left behind his wife and his children and
grandchildren mentioned previously. His estate amounts to R600 000. How much will each beneficiary inherit?


Select one:
a. Wendy will inherit R200 000; Ben will inherit R200 000 and Deon and Ethel will each inherit R100 000.
b. Wendy will inherit R250 00, Ben will inherit R175 000 and Deon and Ethel will each inherit R87 500.
c. Wendy will inherit R400 000, Ben will inherit R100 000 and Deon and Ethel will each inherit R50 000.
d. Wendy will inherit R300 000 and Ben will inherit R300 000.

, Question 3

Complete

Mark 1.00 out of 1.00




In King v De Jager 2021 (4) SA 1 (CC) it was held that:


Select one:
a. A testator may discriminate against descendants unknown to him or her on the grounds of gender because a will
does not involve the public sphere.

b. Freedom of testation is not protected by the Constitution because it does not accord with public policy.

c. A court may not refuse to enforce discriminatory testamentary provisions because that will amount to an arbitrary
deprivation of freedom of testation.

d. Discrimination by a testator against descendants purely on the grounds of gender can never accord with public
policy.




Question 4
Complete

Mark 1.00 out of 1.00




Xander and Wendy were married out of community of property. They had two children, Anna and Ben. Anna died in 2005,
leaving her two children, Deon and Ethel. Xander died intestate in 2023. He left behind his wife and his children and
grandchildren mentioned previously. His estate amounts to R 600 000.


How much will a "child’s portion" be?


Select one:
a. R 250 000
b. R 200 000
c. R 300 000
d. R 125 000




Question 5

Complete

Mark 1.00 out of 1.00




Tabitha married Gilbert in community of property in 1990. In 1996, they made a mutual will in which they left their house to
their only two children, John and Mimi, and appointed each other as the heir to the residue of the estate of the first deceased.


In March 2023 Tabitha and Gilbert were divorced. In April 2023 Tabitha married Sam. Two days after the wedding, Tabitha
was killed in a car crash. She had never changed her will. How will the residue of Tabitha’s estate devolve?


Select one:
a. John and Mimi will inherit the residue of the estate.
b. Gilbert, John and Mimi will inherit the residue of the estate.
c. Sam will inherit the residue of the estate.
d. Sam, John and Mimi will inherit the residue of the estate.

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