Exam (elaborations)
PVL2602 MCQ Question and answers
- Course
- Law of Succession (PVL2602)
- Institution
- University Of South Africa (Unisa)
PVL2602 MCQ Question and answers
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Minister of Education v Syfrets Trust Ltd 2006 (4) SA 205 (C) providesauthority for the following statement:
a.
The boni mores as it prevailed when the will was made should be
applied when deciding whether a clause in a will is invalid or not.
b.
The principle of freedom of testation is unfettered in our law.
c.
A provision in a will that constitutes unfair discrimination may be
deleted by a court based on its common law power to delete
provisions that are contra bonos mores.
d.
Any clause in a will that differentiates between different race groups
or gender groups is invalid.
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The correct answer is: A provision in a will that constitutes unfair
discrimination may be deleted by a court based on its common law
power to delete provisions that are contra bonos mores.
Question 2
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Xander died intestate in April 2020. Xander was married in
community of property to Yandi. They had two children born from
their union namely Ayanda and Ben. Ayanda and Ben both
predeceased Xander and left no descendants. Xander’s father, Fred is
also predeceased but Xander’s mother, Mary, is still alive.
The value of Xander and Yandi’s joint estate is R2 000 000. How much
will Yandi inherit?
,a.
R250 000
b.
R2 000 000
c.
R1 000 000
d.
R750 000
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The correct answer is: R1 000 000
Question 3
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Tessa’s valid will provides as follows:
“I bequeath my estate to my sister, Pam’s children.”
At Tessa’s death Pam had a daughter, Debbie, an adopted son,
Shaun, and she was expecting a child, Chrissy. Pam also had a
stepson, Brandon. Brandon was the child of Pam’s husband from a
previous relationship. After Tessa’s death, Chrissy was born alive and
Pam subsequently had two more children, Ethan and Freddy.
Who inherited Tessa’s estate?
a.
Debbie, Shaun, Brandon
b.
, Debbie, Shaun, Chrissy, Ethan and Freddy
c.
Debbie, Chrissy, Ethan and Freddy
d.
Debbie, Shaun, Chrissy
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The correct answer is: Debbie, Shaun, Chrissy
Question 4
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Which one of the following provisions in a will contains a nudum
praeceptum?
a.
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.
b.
I leave my farm to my son, Thomas. My wife Mary may live on the
farm until her death.
c.
I leave my farm to my sons, Charl and Peter. If one of them cannot
inherit, my brother Dirk must inherit his share.
d.
I leave my farm to my son, John. John may not leave the farm
permanently during his lifetime.
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