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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Question 1Correct
1.Which of the following benefits are subject to collation?
a. Expenses incurred for a child’s education
b. Birthday presents to children
c. Benefits paid to a child for services rendered
d. Benefits given as a marriage settlement (dowry)
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The correct answer is: Benefits given as a marriage settlement (dowry)
Question 2
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 terminative time clause.
b. subject to a direct substitution in favour of Ben.
c. subject to a suspensive condition.
d. subject to a modus.
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The correct answer is: subject to a modus.
Question 3
In 2019 Thomas, a very frail old man, made a one page will in which he left his estate to his children.
Thomas signed the will with his mark in the presence of two witnesses and his attorney, one Johnson.
The witnesses signed the will with their signatures immediately after the testator had signed the will
with his mark. The attorney, Johnson, then signed the will and wrote the certificate required by
section 2(1)(a)(v) at the top of the page. In the certificate, Johnson stated that the testator was known
to him and that the will was the will of the testator. He then signed the certificate: “AP Johnson,
attorney-at-law”.
This will is invalid for the following reason:
a. The attorney did not follow the exact wording of section 2(1)(a)(v).
, b. The attorney did not indicate his office as that of “commissioner of oaths”.
c. The attorney did not use the specimen certificate provided in the Wills Act 7 of 1953.
d. The certificate should have been attached immediately below the signatures of the testator and the
witnesses and not at the top of the page.
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The correct answer is: The attorney did not indicate his office as that of “commissioner of oaths”.
Question 4
Which one of the following provisions in a will contains a nudum praeceptum?
a. I leave my farm to my sons, Charl and Peter. If one of them cannot inherit, my brother Dirk must
inherit his share.
b. I leave my farm to my son, Samuel, provided that he does not leave South Africa permanently. If he
leaves South Africa permanently, the farm must go to my brother Ben.
c. I leave my farm to my son, John. John may not leave the farm permanently during his lifetime.
d. I leave my farm to my son, Thomas. My wife Mary may live on the farm until her death.
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The correct answer is: I leave my farm to my son, John. John may not leave the farm permanently during
his lifetime.
Question 5
Thabo died intestate. Thabo and his wife, Miriam had three children Ben, Carla and Dumisani. They
also adopted a daughter, Yvette. Thabo died in May 2020 and is survived by the following relatives:
Carla and Dumisane;
Ben’s son Gordon. (Ben was murdered by Gordon, who is currently in jail);
Sandile, Thabo’s daughter from an extramarital relationship with Refilwe;
Sandile’s two children, Vickie and Frans; and
Yvette’s three children, Zandi, Xabo, and Maggie. Yvette died in 2010.
How many stirpes does Thabo have?
a.8
b.5
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