LEGAL PRACTITIONER'S QUALIFICATION EXAMINATION NOV 1996

ANSWERS.

QUESTION 1

1.1 The unwitnessed will must also be lodged with the master. He must
refuse to accept the unwitnessed will.

1.2 LETTER HEAD

The Master of the High Court,

Private Bag 13190,
WINDHOEK.

Estate Late J.de Wet.

We advise that we are attending to the administration of the estate

of the late J de Wet who died on 1 October 1996. In reporting the
estate we enclose the following:

1 Original wills dated 10 March 1990 and 14 August 1994.

2 Death notice
3 Section 9 inventory (preliminary inventory)
4 Acceptance of trust in duplicate
5 Certified copy of the death certificate (if the signatory of
the death notice was not present at death or did not identify
the deceased after death.)
6 Bond of security for the full value of the assets unless
exempted in the will.

Kindly issue the letters of executorship as soon as possible.

Yours faithfully,

Smith and Co.

1.3 Nominations by the reletives for the appointment of an executor. A

bond of security for the full value of the assets unless the nominee
is the parent, child or surviving spouse of the deceased. Next of kin
affidavit if heirs are persons other than the surviving spouse.

Question 2.

Notice to creditors
government Gazette 8.00*

Advertiser 70.00

Advertisement of account
Government Gazette 8.00*

advertiser 70.00

Provision for Bank charges 90.00

Master's Fees (maximum) 600.00*

Executor's remuneration 35 000.00*
2 1/2% on 1 400 000.00

Sales Tax 11% on 35 000 3 850.00*

J. Smith Sworn Appraiser

450.00Jones and Co 6 194.00

Conveyancing costs

def Brokers Commission on sale of

shares 2 000.00

GHI Inc Auditor's valuation of 1 500.00

shares in private co.

V Swart Valuation of movables 300.00

50 000.00

* Exact figures to be given.

Question 3

3.1 Wife 1/2 by virtue of the marriage 60 000

child's share 20 000

legitimate child 20 000

Own child of predeceased son 20 000

120 000

3.2 Wife As child's share less than 50 000

she will inherit 50 000
legitimate child 35 000
own child of predeceased son 35 000
120 000

Question 4.

4.1 In terms of section 8 of Act 66 of 1965 the will of any deceased

person Must be forwarded to the Master and to noone else.

4.2 As "X" has been nominated as executor in the will he is entitled to

his appointment irrespective of the heirs views, however as the
executor must act in co-operation with the heirs it may be advisable
for "X" to renounce the nomination.

4.3 The Master will appoint the nominee of the surviving spouse in terms
of section 19 of Act 66 of 1965.

Question 5.

DISTRIBITION ACCOUNT
Balance for distribution 10 600

To Margaret Viljoen Surviving spouse

1/2 by virtue of the marriage 53 000

1/2 of funeral expences 2 000

1/3 in terms of the will 17 000

72 000

Consisting of
Fixed property 150 000
Movables 57 000
207 000
less cash contribution 135 000
72 000

To Jean Nell Married out of community

of property to Piet Nel, Marital
power excluded

OR

[To Jean Nel married in comunity of

property to Piet Nel]
1/3 in terms of the will 17 000

To Peter Viljoen minor born 1/1/80

(id no ........) 1/6 in terms of the 17 000
will

onsisting of cash

106 000 106 000

Question 6

6.1 false
6.2 false
6.3 false
6.4 true
6.5 true
consisting of cash.