In Harris v Assumed Administrator Estate Macgregor 1987 (3) SA
563 (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
eedback
The correct answer is: on the date on which it becomes evident
that the will has become inoperative.
Master. F
2Question
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.
, lOMoAR cPSD| 48745187
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
eedback
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.
place at the testator’s death.
F
3Question
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.
, lOMoAR cPSD| 48745187
c. subject to a modus.
d.
subject to a suspensive condition.
eedback
The correct answer is: subject to a modus.
F
4Question
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.
eedback
The correct answer is: the surviving testator loses the ability to
revoke the joint will after adiation.
F
5Question
Question text
Teddy’s valid will valid will provides as follows:
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