Exam (elaborations)
PVL2602 MCQ question and answers
- Course
- Law of Succession
- Institution
- University Of South Africa (Unisa)
PVL2602 MCQ question and answers
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In Harris v Assumed Administrator Estate Macgregor 1987 (3) SA563 (A) it was held that where a testator died leaving a valid will
which at a later date became inoperative, the intestate heirs have
to be determined ...
a.
on a date to be determined by the Court.
b.
on the date of the testator’s death.
c.
on the date on which it becomes evident that the will has become
inoperative.
d.
on a date to be determined by the Master.
Feedback
The correct answer is: on the date on which it becomes evident
that the will has become inoperative.
2
Question
Question text
Tom died in 2018, leaving his wife Wendy, his daughter Daisy,
Daisy’s minor son Fred, and Tom’s sister, Sarah. Daisy emigrated
two years after Tom died.
Tom’s valid will provides as follows:
“I leave my farm Rietfontein to my daughter Daisy on
condition that she remains in South Africa. If she leaves
South Africa permanently at any point in time, the farm must
go to my sister, Sarah.”
When will dies cedit and dies venit take place for Daisy and Sarah
respectively?
a.
For Daisy both dies cedit and dies venit will take place at the
testator’s death; for Sarah dies cedit will take place at the
testator’s death and dies venit when Daisy emigrates.
b.
For Daisy dies cedit will take place at the testator’s death and dies
venit when she emigrates; for Sarah both dies cedit and dies
venit will take place when Daisy emigrates.
,c.
For Daisy both dies cedit and dies venit will take place at the
testator’s death; for Sarah both dies cedit and dies venit will take
place when Daisy emigrates.
d.
For both Daisy and Sarah dies cedit and dies venit will both take
place at the testator’s death.
Feedback
The correct answer is: For Daisy both dies cedit and dies venit will
take place at the testator’s death; for Sarah both dies
cedit and dies venit will take place when Daisy emigrates.
3
Question
Question text
Thabo’s valid will provides as follows:
“I leave my BMW motorbike to my friend, Frank. Frank must
pay R20 000 to my brother Ben within 6 months of my
death.”
The bequest of the motorbike to Frank is ...
a.
subject to a direct substitution in favour of Ben.
b.
subject to a terminative time clause.
c.
subject to a modus.
d.
subject to a suspensive condition.
Feedback
The correct answer is: subject to a modus.
4
Question
Question text
The effect of massing is that …
a.
the surviving testator may make a new will which conflicts with
the joint will.
b.
,the surviving testator loses the ability to revoke the joint will after
adiation.
c.
the ultimate beneficiaries must wait until the death of the
surviving testator to receive rights in respect of the estate of the
surviving testator.
d.
the surviving testator retains complete freedom of testation.
Feedback
The correct answer is: the surviving testator loses the ability to
revoke the joint will after adiation.
5
Question
Question text
Teddy’s valid will valid will provides as follows:
“I leave my house in Pretoria to my daughter, Delilah. If
Delilah dies without children, the house must go to my
brother Bandile after her death.”
The bequest of the house to Delilah is subject to a …
a.
usufruct in favour of Bandile.
b.
direct substitution in favour of Bandile.
c.
modus.
d.
fideicommissum tacitum in favour of Delilah’s children.
Feedback
The correct answer is: fideicommissum tacitum in favour of
Delilah’s children.
6
Question
Question text
Tom’s estate is worth R900 000. In 2018, Tom’s attorney, Peter
drafted a will for Tom. In this will he left R100 000 to his wife
Refilwe and R400 000 each to his sister, Dina and his brother,
Sean. He left the residue of the estate to Refilwe, Dina and Sean in
equal shares. He nominated his friend, Fred as executor of his
estate in this will. The will was signed by Tom with his signature.
Dina and Fred signed as witnesses.
, Tom died in 2020 and was survived by Refilwe, Sean and Dina as
his only living relatives. How will the estate be divided?
a.
Refilwe will inherit R100 000; Dina and Sean will inherit R400 000
each and Fred will be the executor of the estate.
b.
Refilwe will inherit R300 000; Sean will inherit R600 000 each and
the Master will not appoint Fred as executor.
c.
Refilwe will inherit R300 000; Sean will inherit R600 000 and Fred
will be the executor of the estate.
d.
Refilwe will inherit R100 000; Dina and Sean will inherit R400 000
each and the Master will not appoint Fred as executor.
Feedback
The correct answer is: Refilwe will inherit R300 000; Sean will
inherit R600 000 each and the Master will not appoint Fred as
executor.
7
Question
Question text
As a general rule the courts will not allow a variation of the
provisions of a will which is capable of being carried out. In the
past, however, variation of the provisions of a will was allowed in
certain limited circumstances.
Indicate in which one of the following circumstances variation of
the will will NOT be allowed:
a.
Where the circumstances of the case demand a departure from
the will.
b.
Where the dispositions in the will are based on mistaken
assumptions about the testator’s assets or liabilities.
c.
Where the strict enforcement of the testator’s provisions will
result in the testator’s intentions being frustrated.
d.
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