LEGAL PRACTITIONERS QUALIFYING EXAMINATION. MARCH 1997.

TIME 1 1/2 HOURS MARKS 100.

QUESTION 1 [6]

Your client, who is blind, comes to you to draw up his will. State the
requirements for such a will consisting of more than one page.

QUESTION 2 [15]

A will consisting of one page is executed by a person who "signed" it with

a mark. This page is only signed by the testator and two witnesses. As
there was insufficient space on that page, the certifying officer wrote his
certificate on a separate sheet of paper attached to the will with a pin.

This certificate reads as follows:

"CERTIFICATE

I certify that the testator is known to me and that the will is the
will of the testator.

(signed) Piet Smith

Legal practitioner."

Discuss fully the validity or otherwise of this will. Quote your authority
where possible.

QUESTION 3. [16]

Draft the clause(s) of a will in which the testator(s) wish to benefit each
other and in the event of simultaneous or successive deaths all their
children. The parties are in the process of adopting the minor child of the
testator's brother who was killed in a motor accident.

QUESTION 4 [10]

State fully the steps in the administration of a deceased estate from the
reporting of same to the discharge of the executor after finalisation of
the estate.

QUESTION 5 [12]

Draw the heading to an account of a deceased who was married in community

of property and where massing has taken place.

QUESTION 6 [41]

A deceased died intestate leaving the following family:

a/ his wife, married in community of property,

b/ his daughter married in community of property,
c/ his other daughter married out of community of property,
d/ a minor grandson, son of a predeceased daughter,
e/ a minor granddaughter, adopted daughter of a predeceased son.
f/ an illegitimate son who is still a minor.
The assets of the estate, which are, with the consent of the Master, being
taken over by the surviving spouse in terms of section 38, are as follows:

a/ Fixed property valued at $200 000.00,

b/ cash of $200 000.00

The liabilities amount to:

a/ funeral expenses $8 000.00,

b/ other debts 100 000.00,
c/ administration expenses 44 000.00.

i/ Draw the distribution account, using your own facts where necessary.
(34)

ii/ The survivor wishes to furnish a first bond over the property to
secure the minor's portions. Discuss. (7)