These are Exam questions and solutions as well as those that were found in assignments, study guides and practice questions. When you work through these together with explanations in your study guide, you will gain an excellent understanding of concepts, theories and calculations which will allow y...
1. Indicate whether the following statements are true or false and substantiate
your answer.
(a) A child's share is calculated by dividing the value of the intestate
estate by the number of children of the deceased plus one. (3)
False, a child's share is calculated by dividing the value of the
intestate estate by the number of children of the deceased who
have either survived him or have predeceased him but are
survived by their descendants, plus one.
(b) In terms of the Wills Act 7 of 1953 the testator must sign all the pages
of the will at the end of each page. (3)
False, If the will consists of more than one page, the testator must
sign at the end of the wording on the last page, and he must
further sign or acknowledge his signature on every preceding
page.
(c) In terms of the Wills Act 7 of 1953 the same witnesses must sign all
the pages of the will. (2)
False, the same witnesses must sign and attest the will in the
presence of one another and the testator. The Act only provides
that the witnesses must sign the will. This provision is interpreted
to mean that the witnesses must sign the last page of the will and
not every page of the will.
(d) A general unworthiness to inherit testate or intestate attaches to a
, murderer, and therefore a murderer may never inherit from anybody.
False, it is not a general unworthiness which attaches to a
murderer, however, but only an unworthiness to inherit from his
or her victim and from certain persons very closely related to the
victim.
(e) Someone who kills another person, may never inherit from that
person, because of the maxim de bloedige hand erft niet (the bloody
hand does not inherit). (4)
False, only a person who intentionally or negligently caused the
death of the deceased or a spouse, married in community of
property, who murdered the other spouse are incapable of
inheriting from the deceased. If a person was insane when he
murdered the testator, he has the capacity to inherit from him as
an insane person cannot be held accountable for his wrongdoing.
(f) A testator may not leave a benefit to a beneficiary who has never been
married on the condition that the beneficiary does not marry. (3)
True. Such a condition will be contra bonos mores since it
encourages the beneficiary to continue in the unmarried state.
(g) Wood v Estate Fawcus provides authority for the statement that a will,
which has been revoked by a subsequent will, revives automatically
when the subsequent will is revoked. (2)
False, Wood v Estate Fawcus provides authority for the statement
that the revocation of a will takes effect from the moment when
the revoking will is made, and not at the moment of the testator's
death.
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