Exam (elaborations)
Exam (elaborations) Law of Succession (PVL2602)
- Course
- Law of Succession (PVL2602)
- Institution
- University Of South Africa (Unisa)
Assessment 1 and 2 2024 Semester 1
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PVL2602 Assignment 2Review
Question 1:
Which one of the following statements is the correct version of the court’s decision
in Ex parte Graham 1963 (4) SA 145 (D)?
Select one:
a. When persons die in the same disaster, the legal presumptions about the order of
death are only relevant in our law if the persons are related to each other.
b. When persons die in the same disaster, there is no legal presumption about
the order of their deaths in our law.
c. When persons die in the same disaster, there is a legal presumption in our law
that the eldest person died first.
d. When persons die in the same disaster, there is a legal presumption in our law
that they died simultaneously.
Question 2:
Thabo's valid will provides as follows:
'I leave my beach house to my sister, Siyabonga. If she emigrates after my death,
the house must go to my brother, Ben.”
The bequest of the beach house to Siyabonga is ...
Select one:
a. subject to a modus.
b. subject to a fideicommissum in favour of Ben.
c. subject to a direct substitution in favour of Ben.
d. subject to a suspensive time clause.
Question 3:
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 and Wills is a valid will because it contains
her intention about the division of her estate.
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 personally drafted the instructions.
d. 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.
Question 4:
How is an intestate estate divided if the deceased is not survived by a spouse, a
descendant or a parent, but is survived by descendants of both parents? Some of
the descendants are full-blood-relations of the deceased and others are half-blood-
relations.
Select one:
a. The nearest descendants of the predeceased parents inherit per capita.
b. Descendants in the first parentela inherit equally.
c. The descendants of the predeceased parents inherit in equal shares.
d. The estate is cleaved, and descendants of the father inherit his half per
stirpes and descendants of the mother inherit her half per stirpes.
Question 5:
In terms of section 20 of the Trust Property Control Act 57 of 1988, if the trustee’s
estate is sequestrated or placed under judicial management, he or she may be
removed from office by the …
Select one:
a. beneficiaries of the trust.
b. Master.
c. other trustees of the trust.
d. other trustees in co-operation with the beneficiaries of the trust.
Question 6:
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