Exam (elaborations)
Exam (elaborations) Law of Succession (PVL2602)
- Course
- Law of Succession (PVL2602)
- Institution
- University Of South Africa (Unisa)
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PVL2602 Assignment 1Review
Question 1:
Ademption will take place when …
Select one:
a. The object of a legacy is attached by the Sheriff of the Court to satisfy a
judgement.
b. The testator sells the object of a legacy to pay a debt owed to someone and when
the object of a legacy is attached by the Sheriff of the Court to satisfy a judgement.
c. The testator sells the object of a legacy for reasons of convenience.
d. The testator sells the object of a legacy to pay a debt owed to someone.
Question 2:
The law which must be applied in the interpretation of a will, is the law of the place
where …
Select one:
a. The will was found after the testator’s death.
b. The testator was domiciled at the time the will was executed.
c. The beneficiaries were living at the testator’s death.
d. The testator was living at the time of his death.
Question 3:
Tandi, a widower, asked his daughter-in-law, Sally, who is married to his son,
Charlie, to draft a will for him.
In the will he provides that an amount of R200 000 goes to his son Charlie and that
the residue of the estate is to be divided in equal shares among his three children,
Bongani, Charlie and Dillon.
After Sally had typed the will, Tandi signed the will in the presence of all his children
and his friends, Fred and Gina. Charlie and Gina then signed the will as witnesses.
When Tandi died, he was survived by his three children only and left no other
relatives. His estate amounted to R400 000. Dillon and Bongani are unhappy that
Charlie will inherit a greater share of the estate.
Choose the scenario that is applicable to these facts if Charlie cannot afford to get a
court order:
a. Charlie is disqualified from inheriting because he signed the will as a witness but,
in terms of section 4A of the Wills Act 7 of 1953, he may inherit R200 000 because
Fred was also present when the will was signed.
b. Charlie is disqualified from inheriting because he signed the will as a witness and
may not inherit anything from the estate.
, c. Charlie is disqualified from inheriting because he signed the will as a
witness but, in terms of section 4A of the Wills Act 7 of 1953, he may inherit
R133 333 as his intestate share.
d. Charlie is disqualified from inheriting because he signed the will as a witness but,
in terms of section 4A of the Wills Act 7 of 1953, he may inherit R200 000 if he can
prove to the Master that he did not unduly influence Tandi.
Question 4:
Section 4A of the Wills Act 7 of 1953 does NOT disqualify the following person from
being a beneficiary in terms of a will:
Select one:
a witness
b. the amanuensis
c. the person who wrote the will by hand
d. the commissioner of oaths
Question 5:
Tom’s valid will provides as follows:
“I bequeath my Steinway piano to my eldest child, Audrey. On her death, the piano
must go to her eldest child, Amelia. On Amelia’s death the piano must go to her
eldest child, yet to be born. The piano must remain in my family and each
descendant who inherits the piano is bound to leave it to his or her eldest child.”
Which one of the following statements regarding this set of facts is correct?
Select one:
a. The bequest is contra bonos mores because a testator should not be allowed to
rule from the grave.
b. The piano will go to Susan free of any condition or burden since one cannot create
a fideicommissum over movable property.
c. The testator created a fideicommissum over the piano that will exist in
perpetuity (meaning that it will not end).
d. The second fideicommissary (Amelia’s child) will become the unconditional owner
of the piano, with no obligation to hand it over to the third fideicommissary.
Question 6:
Which of the following benefits are subject to collation?
Select one:
a. Benefits given as a marriage settlement (dowry)
b. Expenses incurred for a child’s education
c. Birthday presents to children
d. Benefits paid to a child for services rendered
Question 7:
Should the only beneficiary to a will repudiate, the will becomes:
Select one:
a. partially invalid.
b. ab initio invalid.
c. contra bonos mores.
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