Exam (elaborations)
Succession Exam Questions and Answers
- Institution
- University Of The Witwatersrand (wits)
Law of Succession short exam model questions and answers
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By: Rudi12 • 4 year ago
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LAW OF SUCCESSIONLONGER QUESTIONS
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 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:
(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
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