UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG EXAMINATIONS : MAY/JUNE 2009 SUBJECT, COURSE AND CODE: DURATION : 3 HOURS External Examiner : Internal

Examiner : Professor E Knoetze Ms M Mamashela SUCCESSION (LAWS3SC) (PLA3SS1) TOTAL MARKS: 60

Formatted: English (U.S.)

STUDENTS ARE REQUESTED, IN THEIR OWN INTERESTS, TO WRITE LEGIBLY.

PLEASE NOTE: This paper consists of 4 (four) pages. Please ensure that you have them all.

PLEASE ANSWER 3 (THREE) QUESTIONS

Question 1 (a) (b) Define the law of succession. What is the difference between an estate and the residue of an estate.estate? marks) (2 marks) (2

(c)

H died intestate in 2008. He was survived by the following relatives: W his wife to whom he was married in community of property, his son Sunny-Boy, his mother M and his full brother. Identify and discuss the rules of intestate succession applicable in the this scenario. Draw a supporting diagram and give detailed reasons for your answer. (6 marks)

(d)

State and discuss five (5) requirements that must be satisfied for a beneficiary to inherit under both testate and intestate succession. (10 marks) [20 MARKS]

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UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG EXAMINATIONS : MAY/JUNE 2009 SUBJECT : SUCCESSION PAGE 2 Question 2 In this question you are given a number of definitions of principles or concepts from the law of succession. Write down the name of each particular concept. (a) (b) Refusing to inherit. (2 marks)

This concept applies when a testator leaves a specific benefit, for example, a house or a farm, to a beneficiary. (2 marks) The legal institution where property is left to a beneficiary subject to the condition that as much of it as may be left at the time of his or her death, is to devolve upon another person. (2 marks) The time when a beneficiarys right to claim delivery of the bequeathed property becomes enforceable. (2 marks) If an inheritance is made subject to this concept, vesting of the right to bequeathed property in the heir only takes place upon the happening of an uncertain future event. (2 marks) If a bequest is made subject to this concept, the beneficiary loses his vested rights when an uncertain future event takes place. (2 marks) This takes place when any benefit received by a descendant from the testator during the latters lifetime, is taken into account upon division of the estate in order for a fair distribution to take place. (2 marks) In this account the executor lists all assets and liabilities of the estate and sets out how the estate is to be distributed. (2 marks) A person appointed by the testator to gather the deceaseds assets, pay his/her liabilities and taxes and distribute what is left to the beneficiaries. (2 marks) Various testators consolidate whole or parts of their estates into a single economic unit for the purposes of testamentary dispositiion. (2 marks) [20 MARKS]

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG EXAMINATIONS : MAY/JUNE 2009 SUBJECT : SUCCESSION PAGE 3 Question 3 (a) What is a dies? marks) Give an example of a definite dies and an indefinite dies (one example each). A dies differs from a condition in two respects. Discuss. State and discuss 5 requirements for a valid fideicommissum. (2
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(b) (c) (d)

(4 marks) (4 marks) (10 marks) [20 MARKS]

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Question 4 (a) Dodo and Didi are siblings. In his will Dodo appointed his sister Didi to inherit his whole estate. In her will Didi appointed her husband Lucky to be her heir. Dodo and Didi are killed in the same car accident and no evidence exists as to who died first. Dodo is survived by both his parents. Didi is survived by her parents and her husband Lucky. Who will inherit Dodo and Didis respective estates? Briefly explain your answer. (7 marks) (ii) Would it have made a difference to your answer if Dodo died at the scene of the accident and Didi died dies two hours later in Hhospital? Briefly explain your answer. (3 marks) [10 marks]
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(i)

(b)

Carol died testate. She made a following bequest in her will. I bequeath my farm and house to my husband, George so long as Thandi, our daughter, will continue to farm for 5 years after my death. Mrs Zondi left a will in which the following clause appeared. I bequeath my house to my husband, K, provided that on his death after me, it is to go to our daughter Khosi.

(i)

Identify and define the above two legal institutions. (4 marks)

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(ii)

State and discuss three differences between the two institutions. marks)

(6 [10 marks] [20 MARKS]

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UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG EXAMINATIONS : MAY/JUNE 2009 SUBJECT : SUCCESSION PAGE 4 Question 5 Seventeen year old Mike went on holiday to Cape Town with his two best friends, sixteen year old Joseph and eighteen year old Moses. Whilst surfing in the sea, Mike was attacked by a shark which bit off his right arm. His friends rushed him to hospital where Mike decided to make a will. He dictated the will to Moses who wrote down his instructions. In this one page will Mike left his motorbike to Moses, R5000.00 to Joseph and the residue of his estate to his grandparents who raised him. Mike, who was right handed, then made a thumb print with his left hand at the end of the will and Joseph and a nurse signed as witnesses. Mike died a few hours later. He was survived by his father and his grand parents. Given the above facts, answer the following questions. (a) Was Mike old enough to make a will? Explain and give reasons for your answer. (2 marks) (b) Was Joseph old enough to be a witness to the will? Explain and give reasons for your answer. (2 marks) Does Mikes will comply with all the testamentary formalities for a valid will? Explain and give reasons for your answer. (6 marks) Suppose the will is invalid. What advice would you give Mikes grandparents that will enable them to inherit under the will? (6 marks) Discuss the capacity of Joseph and Moses to inherit under the will. (4 marks) [20 MARKS]

(c)

(d)

(e)