PVL2602 EXAM PACK
PVL2602 - Law Of Succession
Wanda and Xavier were married out of community of property therefore Xavier does not
inherit anything from Wanda but only the surviving children of the marriage
Wanda’s estate is R500 000 plus accrual form Xavier R100 000 getting R600 000
Child...
,1) Wanda and Xavier were married out of community of property therefore Xavier does not
inherit anything from Wanda but only the surviving children of the marriage
Wanda’s estate is R500 000 plus accrual form Xavier R100 000 getting R600 000
Children to inherit ; Ben although born out of wedlock + Francis + Diana + Evert
R600 children = R150 000 ….Each child will inherit this amount .
Gerald cannot inherit anything because Francis his father is alive
2.1 heir is a beneficiary who inherits a testator’s entire estate, a portion or residue
Legatee; This concept applies when a testator leaves a specific benefit, for example a
house or a farm, to a beneficiary, the beneficiary of which is a legatee
2.2 Amendment deletion, addition ,alteration by the testator whereas takes paces when a
court adds, deletes or changes something in a will because the testator made a mistake that
does not reflect his or her intentions correctly
2.3 What is a mutual will?
info@unicalculus.co.za
, A mutual will is a will in which two or more testators benefit each other mutually. It is also a
joint will. Whereas a joint will where two or more testators have set out their respective wills in
the same document thus the parties do not appoint each other as beneficiaries.
2.4 Distinguish between and estate and the residue of an estate. (4)
Estate = A testator's estate consists of the assets and liabilities.
Residue of an estate = Refers to that part of the deceased's estate which remains after
the payment of funeral expenses, administration costs, tax, the testator's debts and the
legacies.
3.1 If testator signed with a thumb print – in other words, he made a mark.
When a testator signs with a mark the requirements of s 2(1)(a)(v) must be met. This means
that a commissioner of oaths must append a certificate to the will certifying that he has
satisfied himself as to the identity of the testator and that the will so signed is the will of the
testator.
Since the certificate is absent, the will is not valid.
4.1 Mention the requirements for the establishment of a valid trust. (6)
For a trust to be valid, the following requirements must be met:
1. The founder must intend to create a trust.
info@unicalculus.co.za
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