Exam (elaborations)
SJD1501 EXAM PACK 2023
- Institution
- University Of South Africa (Unisa)
QUESTIONS AND ANSWERS
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SJD1501EXAM
PACK 2023
QUESTIONS WITH
ANSWERS
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1. Indicate whether the following statements are true or false and substantiate
your answer.
(a) A child's share is calculated by dividing the value of the intestate estate
by the number of children of the deceased plus one. (3)
False, a child's share is calculated by dividing the value of the intestate
estate by the number of children of the deceased who have either
survived him or have predeceased him but are survived by their
descendants, plus one.
(b) In terms of the Wills Act 7 of 1953 the testator must sign all the pages
of the will at the end of each page. (3)
False, If the will consists of more than one page, the testator must sign
at the end of the wording on the last page, and he must further sign
or acknowledge his signature on every preceding page.
(c) In terms of the Wills Act 7 of 1953 the same witnesses must sign all the
pages of the will. (2)
False, the same witnesses must sign and attest the will in the presence
of one another and the testator. The Act only provides that the
witnesses must sign the will. This provision is interpreted to mean that
the witnesses must sign the last page of the will and not every page of
the will.
(d) A general unworthiness to inherit testate or intestate attaches to a
murderer, and therefore a murderer may never inherit from anybody.
False, it is not a general unworthiness which attaches to a murderer,
however, but only an unworthiness to inherit from his or her victim
and from certain persons very closely related to the victim.
(e) Someone who kills another person, may never inherit from that person,
because of the maxim de bloedige hand erft niet (the bloody
hand does not inherit). (4)
False, only a person who intentionally or negligently caused the death
of the deceased or a spouse, married in community of property, who
murdered the other spouse are incapable of inheriting from the
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deceased. If a person was insane when he murdered the testator, he
has the capacity to inherit from him as an insane person cannot be
held accountable for his wrongdoing.
(f) A testator may not leave a benefit to a beneficiary who has never been
married on the condition that the beneficiary does not marry. (3)
True. Such a condition will be contra bonos mores since it encourages
the beneficiary to continue in the unmarried state.
(g) Wood v Estate Fawcus provides authority for the statement that a will,
which has been revoked by a subsequent will, revives automatically
when the subsequent will is revoked. (2)
False, Wood v Estate Fawcus provides authority for the statement that
the revocation of a will takes effect from the moment when the
revoking will is made, and not at the moment of the testator's death.
2. Define the term "residue of the estate". (5)
Refers to that part of the deceased's estate which remains after the payment
of funeral expenses, administration costs, tax, the testator's debts and the
legacies.
3. Mention 5 ways in which a legacy can fail. (5)
1. Ademption. If a testator voluntarily alienates the object of a legacy in
his lifetime, the legacy lapses.
2. If a legatee dies before the legacy vests in him.
3. If the legatee repudiates the legacy.
4. If the legatee is incapable of inheriting under the will.
5. If the bequeathed thing is annulled or destroyed.
6. If the testator becomes insolvent.
4. John inherited a fortune from his grandfather when he was ten years old. On
his fourteenth birthday, he signed a document stating that he wishes to leave
his entire fortune to his two brothers, Dan and Fred. This document was
attested by two of his fourteen-year old friends. John died in a car accident
when he was seventeen and left his parents, Anna and Ben, and his brothers
Dan and Fred behind. Answer the following questions:
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(a) Will John's estate devolve testate or intestate? Give reasons for your
answer. (2)
John's estate will devolve intestate, because at the age of fourteen,
when he made the will, he did not have testamentary capacity.
(b) Write down the name's of John heir's. (2)
His parents, Anna and Ben
5. In Ep Maurice the court emphasised that in terms of section 2(3) of the Wills
Act 7 of 1953 three requirements will have to be met before a court will order
the Master to accept a document, which does not comply with all the
formalities of the Wills Act, as a valid will. Name the three
requirements. (6)
The court must be satisfied that it has before it a document:
1. which was drafted or executed by a person
2. who has since died, and
3. who intended that document be his/her will.
6. Briefly name four instances when the service of a trustee will be terminated.
(4)
- On the death of the trustee
- On the resignation of the trustee
- Upon the removal of the trustee from his office by the Master
under the following circumstances:
- if he has been convicted of any offence of which dishonesty is
an element or of any other offence for which he has been
sentenced to imprisonment without the option of a fine
- if he fails to give security to the satisfaction of the Master within
two months after having been requested to do so
- if his estate is sequestrated or liquidated or placed under
judicial management
- if he has been declared mentally ill or incapable of managing his
own affairs or if he is detained in an
institution as a mentally ill patient or as a state patient
- if he fails to perform any duty imposed upon him by or under
the Trust Property Control Act or to comply with any lawful
request of the Master.
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