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Tutorial Letter No 1-2004
Tutorial Letter No 1-2004
ADMINISTRATION OF ESTATES
Students are reminded of the amendments to the Estates Act that came into force during 2002. please
ensure that your copy of the Statute is amended accordingly. A copy of the regulations that were also published
in terms of these amendments is stated below.. Bear these changes in monetary values in mind and annotate the
notes accordingly as these amendments have not yet been incorporated in the lecture notes
Candidates must ensure that they are in possession of the relevant statutes ANNOTATED TO
CONFORM WITH NAMIBIAN LAW and MUST bring them to class. YOU CANNOT SUCCEED IN THIS
SUBJECT WITHOUT THESE STATUTES. The lecture notes are not sufficient.
Bear in mind that the statutes in reference books will be in terms of the South African Law and not
Namibian Law.
The University has taken note of a spate of plagiarism that has occurred in the past and steps have been
taken to deal with this problem. Any candidates work that does not reflect the originality in form and expression
or mirrors the work of another shall be deemed to be a copy or a plagiarised work and will be punished
accordingly. The punishment for copying another persons work shall be the award of a zero mark for the work
submitted plus any other penalty the Board may wish to impose without considering which candidate copied
someone’s work or which candidate allowed someone to copy their work
It is therefore in your own interest to ensure that your assignment is entirely your own work and to
ensure that no-one has the opportunity to copy your work.
The following assignment must be completed and handed in to Mrs Klaaen before the start of the
lectures on 22nd April.
I would like to remind you that this is the type of question you will receive in the examinations.
T.TAYLOR.
SCHEDULE
Definitions
1. In these regulations, a word or expression defined in the Act has that meaning and, unless the
context otherwise indicates –
2.
"the Act" means the Administration of Estates Act, 1965 (Act No. 66 of 1965).
QUESTION 2
John Smith, who died on 13 July 2003, left a will dated 14 March 1999, which reads as follows:
"I appoint my wife Sophia as Executor.
As a legacy I bequeath to my illegitimate son Thomas Webber the sum of $5 000.00.
I bequeath the residue of my estate in equal shares to my other three children."
Using the above and your own facts where necessary, draw up the following documents.
2.1 The heirs do not wish to sell the assets. Draw up a redistribution agreement. For the purpose of this
question each heir should inherit the same amount that they would have inherited if the assets were
sold at valuation.
2.3 The mother of Thomas does not want the amounts due to him to be paid into the Guardians Fund. She
is prepared to give security for these amounts. Advise her of her rights.