PVL2602 EXAM PACK
2022/2023.
SEMESTER 02
Question 1
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 wife...
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 wife in a polygamous Muslim marriage.
[3] The deceased’s heterosexual life partner.
[4] The deceased’s homosexual life partner in a civil union.
Question 2
Mr X dies intestate and is survived by his grandparents, P and Q on his father’s side and his
uncle Z on his mother’s side only. How will his estate devolve?
[1] Z will inherit one half of the estate and P and Q will share the other half of the estate.
[2] P, Q and Z will each inherit one-third of the estate.
[3] The uncle, Z will inherit the whole estate.
[4] The grandparents, P and Q, will inherit the whole estate
Question 3
According to Rhode v Stubbs 2005 (5) SA 104 (SCA) estate 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/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.
Question 4
T provides in his will:
“I leave R 20 000 to my daughter, F. She must receive this amount before any other benefit is
paid out.”
The bequest to F is called …
,[1] a modus.
[2] a prelegacy.
[3] an inheritance.
[4] a bequest price.
Question 5
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.
Question 6
T provided as follows in his will:
“I leave my farm to my brother, B and I bequeath the residue of my estate to my two sisters,
M and N.” T leaves behind his mother, his brother B and his sisters M and N. B refuses to
inherit. Who will inherit the farm and why?
[1] The mother, because of section 2C(1) of the Wills Act 7 of 1953.
[2] The sisters because they are the heirs of the residue.
[3] The sisters because accrual takes place.
[4] The mother and the sisters in terms of intestate succession.
Question 7
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.”
, Question 8
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 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
son Peter.”
[4] “I bequeath the residue of my estate in trust to my sons, John and Peter.”
Question 9
Testator T provides as follows in his will:
“I leave my estate in trust to my trustee, Mr X. My wife, W, must receive the income from the
trust during her lifetime. At her death, my children P and J must receive the capital of the
trust.”
Who is the owner of the trust property after T’s death?
[1] W
[2] X
[3] P and J
[4] W, P and J.
Question 10
What is the principle called according to which the executor of an estate must, under certain
circumstances, take benefits given to certain heirs by the deceased during his lifetime into
account when distributing the estate among certain beneficiaries?
[1] Bequest price
[2] Ademption
[3] Collation
[4] Prelegacy
Question 11
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?
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