PVL2602/ THE LAW OF SUCCESSION MCQ ANSWER'S SEM 2-2023
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Course
Law of Succession (PVL2602)
Institution
University Of South Africa (Unisa)
Book
The Law of Succession in South Africa 3e
THIS DOCUMENT CONTAINS QUESTION AND ANSWERS FOR PVL2602/ THE LAW OF SUCCESSION. DISTINCTION OBTAINED, THE DOCUMENTS IS EXTRACTED FROM A RECENTLY ANSWERED ASSIGNMENT WITH A DISTINCTION. REMEMBER QUESTIONS DO NOT CHANGE EVEN THOUGH THEY MAT RANDOMISE THEM.
Started on Saturday, 23 September 2023, 9:04 PM
State Finished
Completed on Sunday, 24 September 2023, 1:06 AM
Time taken 4 hours 2 mins
Marks 17.00/20.00
Grade 85.00 out of 100.00
Question 1
Complete
Mark 0.00 out of 1.00
A testamentary writing is defined as a document that …
a. complies with the formalities for a valid will.
b. contains the testator’s signature.
c. describes the three essential elements of a bequest, namely the property bequeathed, the extent of the interest
bequeathed and the beneficiary.
d. describes any one of the three essential elements of a bequest, namely the property bequeathed, the extent of the
interest bequeathed or the beneficiary.
Question 2
Complete
Mark 1.00 out of 1.00
Which case provides authority for the statement that a testator may confer on trustees the power to appoint the income and
capital beneficiaries of a trust from a group of persons designated by the testator?
a. Van Zyl v Van Zyl 1951 (3) SA 288 (A)
b. Minister of Education v Syfrets Trust Ltd 2006 (4) SA 205 (C)
c. Braun v Blann and Botha 1984 SA 850 (A)
d. Du Plessis v Strauss 1988 SA 105 (A)
The law which must be applied in the interpretation of a will, is the law of the place where …
a. the beneficiaries were living at the testator’s death.
b. the testator was domiciled at the time the will was made.
c. the will was found after the testator’s death.
d. the testator was living at the time of his death.
Question 4
Complete
Mark 1.00 out of 1.00
How is an intestate estate divided if the deceased is not survived by a spouse, a descendant or a parent, but is survived by
descendants of both parents? Some of the descendants are full-blood-relations of the deceased and others are half-blood-
relations.
a. The descendants of the predeceased parents inherit in equal shares.
b. The nearest descendants of the predeceased parents inherit per capita.
c. Descendants in the first parentela inherits equally.
d. The estate is cleaved, and descendants of the father inherit his half per stirpes and descendants of the mother inherit
her half per stirpes.
Question 5
Complete
Mark 1.00 out of 1.00
Tom’s estate is worth R900 000. In 2018, Tom’s attorney, Peter drafted a will for Tom. In this will he left R100 000 to his wife
Refilwe and R400 000 each to his sister, Dina and his brother, Sean. He left the residue of the estate to Refilwe, Dina and Sean
in equal shares. He nominated his friend, Fred as executor of his estate in this will. The will was signed by Tom with his
signature. Dina and Fred signed as witnesses. Tom died in 2020 and was survived by Refilwe, Sean and Dina as his only living
relatives. How will the estate be divided?
a. Refilwe will inherit R300 000; Sean will inherit R600 000 and Fred will be the executor of the estate.
b. Refilwe will inherit R300 000; Sean will inherit R600 000 each and the Master will not appoint Fred as executor.
c. Refilwe will inherit R100 000; Dina and Sean will inherit R400 000 each and the Master will not appoint Fred as
executor.
d. Refilwe will inherit R100 000; Dina and Sean will inherit R400 000 each and Fred will be the executor of the estate.
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