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UNIVERSITY EXAMINATIONS

May/June 2020

PVL2602

Law of Succession

100 marks
Duration 2 Hours

This paper consists of 22 pages.

Instructions:

1. The examination consists of Multiple-Choice Questions (MCQ) only.

2. The examination question paper counts 100 marks and consists of 50 multiple-choice questions worth
2 marks each. Answer all the questions.

3. The duration of the examination is 2 hours. You will be allowed a further thirty (30) minutes after the
conclusion of the official examination period to upload your examination responses (answers) onto
the myUnisa platform for further processing.

4. This is a closed book examination. While the examination is in progress, you are not allowed to
consult another person or any source in order to assist you to answer any of the questions contained
in this question paper. You may also not assist another student in answering any of the questions
contained in this question paper.

5. Remember to complete the honesty declaration.

6. The answers to this MCQ examination may only be submitted online on myUnisa. The Unisa MCQ
App cannot be used for examination submissions.

7. Follow these steps to submit your answers:

7.1. Access myUnisa at https://my.unisa.ac.za/portal and login using your student number and
myUnisa password.

7.2. Click on the “myAdmin” tab in the top navigation bar.

7.3. In the “Assessments” submenu, click on the “Assessment Info” tool in the drop-down list

 A list of all available assessments will display


 Find the corresponding examination assessment number for your module
 Click on the Submit link in the Action column and follow the steps described below.

Step 1: Enter the total number of questions required for the assessment.

 Enter the total number of questions for your assessment in the Number of Questions field
 Click on the Continue button.

Open Rubric
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Step 2: Fill out multiple-choice question answers

 The number of questions requested in the previous step will now be displayed with five
answer options next to each one. Please note that each row represents a question in your
assessment.
 Click on the radio button (the small circle) that corresponds to your answer for that
question.
 Click on the Continue button to move to step 3.
 If you want to restart the assessment, click on Clear Form to remove all your selections
and start from new.

Step 3: Verify the answers to your multiple-choice assessment.

This screen presents a summary of all your answers. Use it as a final check.
 Click on the Continue button to submit your assessment. If you do not click Continue, no
submission action will take place.
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step.

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not see this screen, Unisa has not received your submission.

It is advisable to print this page or make a screen capture for record purposes. A copy of this
page will also be emailed to your myLife email account.

PLEASE NOTE:

If you experience technical problems, of any kind, on the day of the examination and your examination
answers are not submitted by the cut-off time, you will be marked as absent and automatically deferred to
the October/November 2020 examination. No other type of submission of your examination answers
will be accepted.

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QUESTIONS

Answer all the questions.


Always choose the correct/most suitable answer for each question.
Choose only one option for each question.

1 Ted died intestate and left behind the following relatives:

• His mother, Mary.


• His half-sister, Candy. Candy and Ted had the same mother but not the same
father.
• His half-brother, Ben. Ben and Ted had the same father, but not the same
mother. (His father is predeceased.)
• His full-blood sister, Sarah.

Who will inherit Ted’s estate?


[1] His mother, Mary, will inherit the whole estate.
[2] His mother, Mary, will inherit half of the estate and the other half will be
shared equally by Ben and Sarah.
[3] His mother, Mary, will inherit half of the estate and the other half will be
shared equally by Candy, Ben and Sarah.
[4] His mother, Mary, will inherit half of the estate and Sarah will inherit the other
half.
(2)

2 A child’s portion is…


[1] calculated by dividing the value of the deceased’s estate by the number of
stirpes plus the number of surviving spouses.
[2] calculated by dividing the value of the deceased’s estate by the number of
children plus the number of surviving spouses.
[3] R250 000.
[4] R125 000.
(2)

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3 Xavier dies intestate and leaves the following relatives:

• His wife, Wendy, to whom he was married in community of property.


• His adopted son, Sam.
• His mother, Mary, and his full brother, Ben.

The total value of the joint estate is R800 000.

How will Xavier’s estate be divided?


[1] His wife, Wendy, inherits R250 000 and his adopted son, Sam, inherits
R150 000.
[2] His wife, Wendy and his adopted son, Sam, each inherit R400 000.
[3] His wife, Wendy, inherits R650 000 and his adopted son, Sam, inherits
R150 000.
[4] His wife, Wendy, inherits R250 000 and his adopted son, Sam, his mother,
Mary and his brother, Ben, each inherit R50 000.
(2)

4 Tom died intestate and left behind the following relatives:

• His half-brother, Saul. Saul and Tom had the same father but not the same
mother. (His father and mother are predeceased.)
• His step-sister, Darla. Darla was the child of his stepmother who is
predeceased.
• His uncle, John, the brother of his mother.
• His aunt, Susan, the sister of his father.

Who will inherit Tom’s estate?


[1] His half-brother, Saul, and his uncle, John, will each inherit half of the estate.
[2] His half-brother, Saul, and stepsister, Darla, will each inherit half of the
estate.
[3] His half-brother, Saul, will inherit half of the estate and the other half will be
shared equally by his uncle, John, and his aunt, Susan.
[4] His half-brother, Saul, will inherit the whole estate.
(2)

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5 Xander died intestate and left the following relatives:

• His father, Fred.


• His grandfather, Gavin, on his mother’s side. (His mother is predeceased.)
• His uncle, Ben, his mother's brother.

Who will inherit Xander’s estate?


[1] His father, Fred, will inherit half of the estate and his grandfather, Gavin, will
inherit the other half.
[2] His father, Fred, his grandfather, Gavin, and his uncle, Ben, will each inherit
one third of the estate.
[3] His father, Fred, will inherit the whole estate.
[4] His father, Fred, will inherit half of the estate and his grandfather, Gavin, and
his uncle, Ben, will share the other half of the estate equally.
(2)

6 The rule that provides that only male persons may inherit in terms of customary law
is called…
[1] polygyny.
[2] male primogeniture.
[3] monogamy.
[4] succession to status.
(2)

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7 Ted died intestate and left the following relatives:

• His grandfather, Jim, on his mother’s side. (His mother is predeceased.)


• His grandmother, Anne, on his mother’s side.
• His grandfather, Sam, on his father‘s side. (His father is predeceased.)
• His great-grandfather, Pete, on his mother’s side.
• His stepmother, Diane. Diane married his father after his mother passed
away.

Who will inherit Ted’s estate?

[1] His grandparents, Jim and Anne and his grandfather, Sam, on his father‘s
side, will each inherit one third of the estate.
[2] His grandparents on his mother’s side, Jim and Anne, will inherit half of the
estate equally and his grandfather on his mother’s side, Sam, will inherit the
other half.
[3] His grandparents on his mother’s side, Jim and Anne, will inherit half of the
estate equally and his grandfather on his mother’s side, Sam, and his great-
grandfather on his mother’s side, Pete will inherit the other half equally.
[4] His stepmother, Dianne, will inherit the whole estate.
(2)

8 Theresa died intestate and left behind her husband, Pete, to whom she was married
in community of property. Theresa also left behind her children Mandy and Derick,
as well as her adopted child Stewart. The joint estate amounted to R 2 000 000.
How will Theresa’s estate be divided?

[1] Her husband, Pete will inherit half of the estate and her children, Mandy,
Derick and Stewart, will inherit the other half in equal shares.
[2] Her husband, Pete will inherit R250 000 and her children, Mandy, Derick and
Stewart, will inherit the residue in equal shares.
[3] Her husband, Pete will inherit R250 000 and her children, Mandy and Derick,
will inherit the residue in equal shares.
[4] Her husband, Pete will inherit R1 250 000 and her children, Mandy, Derick
and Stewart, will inherit the residue in equal shares.
(2)

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9 If a will is made in a country other than South Africa, which legal system’s formalities
must be complied with in order for the will to be valid in terms of South African law?

Choose the most suitable answer.


[1] The law of the country where the will was executed.
[2] The law of the country where the testator was domiciled or habitually
resident at the execution of the will or at the time of his or her death.
[3] The law of the country where the testator was a citizen at the execution of
the will or at the time of his or her death.
[4] All the answers are correct.
(2)

10 Testator Tom provided as follows in his will:


“I leave my house to my wife, Wendy. The residue of my estate I
bequeath to my sisters, Mary and Nina.”
Tom and Wendy were killed in the same car accident. Tom’s only surviving relatives
were his sisters, Mary and Nina, and his brother, Ben. Wendy was survived by her
sister, Susan.

Who inherited Tom’s house?


[1] Mary and Nina, since they are Tom’s testate heirs.
[2] Susan, since she inherited the house from Wendy.
[3] Wendy, since that was what Tom provided in his will
[4] Mary, Nina and Ben, since they are Tom’s intestate heirs.
(2)

11 The capacity given to an existing trustee to appoint an additional trustee is called:


[1] Substitution
[2] Treuhand
[3] Power of assumption
[4] Power of appointment
(2)

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12 Testator Xolisa provided as follows in his will:


“I leave my yacht to my two sons, Bongani and Andile.”
After his death, Xolisa’s only surviving relatives were his son, Andile, his daughter,
Denise, and his grandson, Gavin. Gavin was the son of Bongani, who died before
the testator.
Who inherited Xolisa’s yacht?
[1] Andile, because Bongani and Andile, were joined re et verbis and therefore
Bongani’s share accrued to Andile.
[2] Andile and Gavin, since Gavin substituted Bongani ex lege in terms of
section 2C(2) of the Wills Act 7 of 1953.
[3] Andile and Denise, since Denise inherited in the place of her predeceased
brother, Bongani.
[4] Andile, Denise and Gavin, since they were the intestate heirs.
(2)

13 The Master may dispense with the appointment of an executor if ....


[1] the deceased died intestate.
[2] the value of the estate is less than R250 000.
[3] the value of the estate is less than R125 000.
[4] the beneficiaries apply to the Master not to appoint an executor.
(2)

14 Ben and Charmaine were married in community of property. Ben murdered


Charmaine. In light of recent case law, which of the following benefits will Ben be
permitted to receive after Charmaine’s death?
[1] Ben’s share of the joint estate.
[2] Charmaine’s pension benefits.
[3] Maintenance in terms of the Maintenance of Surviving Spouses Act 27 of
1990.
[4] None of the answers are correct.
(2)

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15 Testator Thabo provided as follows in his will:


“I bequeath my farm to my son, Sipho, provided that he obtains an LLB degree
within 6 years of the time of my death. If he does not, my sister Anele will inherit
the farm.”

This bequest provides an example of ...


[1] an absolute bequest.
[2] a direct substitution.
[3] a suspensive time clause.
[4] a fideicommissary substitution.
(2)

16 Which one of the following persons will NOT be able to claim maintenance from the
deceased in terms of the Maintenance of Surviving Spouses Act 27 of 1990?
[1] The deceased’s wife in a monogamous Muslim marriage.
[2] The deceased’s wives in a polygamous Muslim marriage.
[3] The deceased’s heterosexual life partner.
[4] The deceased’s homosexual life partner in a civil union.
(2)

17 If a charitable trust becomes impossible to carry out to the letter, the court will allow
it to be carried out for a purpose as near as possible to the original purpose. This is
called …
[1] the variation of a trust.
[2] a power of appointment.
[3] the cy près doctrine.
[4] the ad pias causas concept.
(2)

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18 What is the process called where a court adds, deletes or changes something in a
will because the testator had made a mistake when making the will and the will does
not reflect his intention correctly?
[1] Rectification
[2] Deletion
[3] Alteration
[4] Ratification
(2)

19 What is a provision called that is attached to a bequest and that has the result that
the bequest is terminated at the happening of an event that will certainly take place
in the future?
[1] Suspensive time clause
[2] Resolutive time clause
[3] Resolutive condition
[4] Suspensive condition
(2)

20 Testator Tom provided as follows in his will:


“I leave my house to my daughter, Dalene, provided that she never
leaves South Africa permanently.”

This bequest ...


[1] is a nudum praeceptum.
[2] creates a trust in favour of Dalene.
[3] is subject to a suspensive condition.
[4] postpones dies venit for Dalene.
(2)

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21 Testator Tyson made a valid will in 2018. In 2019 he decided that he wanted to
change the name of one of the beneficiaries. He used “tippex” to erase the name
and then wrote in the name of the new beneficiary.

Will this amendment be valid?


[1] Yes, provided he signed next to the amendment.
[2] Yes, provided he and two witnesses signed next to the amendment.
[3] Yes, provided a commissioner of oaths attached the certificate required by
section 2(1)(a)(v) of the Wills Act 7 of 1953.
[4] No, because one is not allowed to use “tippex” in a will. The will should have
been retyped and re-executed.
(2)

22 What is the principle called according to which the executor of an estate must, under
certain circumstances, take benefits given to certain heirs by the deceased during
his or her lifetime into account when distributing the estate among certain
beneficiaries?
[1] Election
[2] Prelegacy
[3] Bequest price
[4] Collation
(2)

23 Which court(s) may interpret a will?


[1] A High Court.
[2] A Magistrate’s Court.
[3] A special court for interpreting wills.
[4] A Magistrate’s Court and a High Court.
(2)

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24 Which of the following persons cannot inherit from a deceased person in terms of
intestate succession law?
[1] A prodigal.
[2] The child of the deceased born outside of a valid marriage.
[3] An unborn child, if he or she is born alive after the death of the deceased.
[4] A juristic person, such as the SPCA.
(2)

25 According to Rhode v Stubbs 2005 (5) SA 104 (SCA) massing takes place when...
[1] the surviving testator accepts a benefit in terms of a mutual will, irrespective
of the intention of the parties to the mutual will.
[2] a testator in a mutual will disposes of his or her own estate as well as of the
estate of the other testator.
[3] testators join their estates or portions of their estates, with the purpose of
disposing of the joint unit in a will and the surviving testator then accepts a
benefit in terms of the will.
[4] testators married in community of property mutually benefit each other in a
mutual will.
(2)

26 When interpreting a will, which of the following sources may NOT be used?
[1] The will itself.
[2] Armchair evidence.
[3] Extrinsic evidence to identify a beneficiary.
[4] Evidence as to a statement made by the testator himself or herself as to
what he or she intended.
(2)

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27 Which one of the following bequests provides an example of a joinder re et verbis?


[1] “I bequeath my farm to John and Peter. John is to get the portion which lies
north of the river, while Peter is to get the portion which lies south of the
river.”
[2] “I bequeath my farm to John and Peter.”
[3] “I bequeath my farm to John and Peter in equal shares.”
[4] “I bequeath my farm to John and my car to Peter.”
(2)

28 Which one of the following provisions in a will creates a fideicommissary


substitution?
[1] “I bequeath my farm to my son, John. If John predeceases me, my other
son, Peter, should inherit the farm.”
[2] “I bequeath my farm to my sons, John and Peter, in equal shares.”
[3] “I bequeath my farm to my son, John. If John dies without children, the farm
must go to my other son, Peter.”
[4] “I bequeath the residue of my estate in trust to my sons, John and Peter.”
(2)

29 Temba provides as follows in his will:


“I leave my estate in trust to my trustee, Mr Smith. My wife, Wendy, must
receive the income from the trust during her lifetime. At her death, my
children, Petrus and John, must receive the capital of the trust.”
Who is the owner of the trust property after Temba’s death?
[1] Wendy
[2] Mr Smith
[3] Petrus and John
[4] Wendy, Petrus and John.
(2)

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30 Ben and Cindy were married in 2000. Shortly thereafter they made a mutual will,
indicating that the survivor will inherit everything. Two children, Don and Sam, were
born from the marriage. In January 2019 they were divorced and in February 2019
Ben married Wim. Two weeks later Ben died in a car accident without changing his
will.

Who will inherit Ben’s estate?


[1] Cindy
[2] Wim
[3] Don and Sam
[4] Wim, Don and Sam
(2)

31 A pactum successorium in an antenuptial contract ...


[1] is valid in our law.
[2] is invalid in our law.
[3] has to comply with testamentary formalities.
[4] may be revoked in a later will by one of the parties to the contract.
(2)

32 A donatio mortis causa...


[1] is invalid in our law.
[2] is valid if it complies with testamentary formalities.
[3] may not be revoked by the donor.
[4] restricts the freedom of testation of the donor.
(2)

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33 In which case was it decided that a trust is a sui generis legal institution?
[1] Bekker v Naude 2003 (5) SA 173 (SCA).
[2] Bhe v Magistrate, Khayelitsha (Commission For Gender Equality as Amicus
Curiae); Shibi v Sithole; South African Human Rights Commission v
President of the Republic of South Africa 2005 (1) SA 580 (CC).
[3] Braun v Blann and Botha 1984 (2) SA 850 (A).
[4] Minister of Education v Syfrets Trust Ltd 2006 (4) SA 205 (C).
(2)

34 Which of the following wills is NOT valid?


[1] Thabo signed with his signature at the top of page one of a two page will
and at the end of the last paragraph on the second page. He did so in the
presence of two witnesses, who both signed at the top of page two in his
presence.
[2] Thabo signed with his nickname at the top of page one of a two page will
and at the end of the last paragraph on the second page. He did so in the
presence of two witnesses, who both signed at the top of page two in his
presence.
[3] Thabo signed with his thumbprint at the bottom of page one of a two page
will and at the end of the last paragraph on the second page. He did so in
the presence of two witnesses, who both signed at the end of page two in
his presence.
[4] Thabo signed with his signature at the bottom of page one of a two page will
and at the end of the last paragraph on the second page. He did so in the
presence of two witnesses, who both signed at the bottom of page two in his
presence.
(2)

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35 Which of the following categories of persons do NOT qualify as descendants in


customary law according to section 1 of the Reform of Customary Law of Succession
and Regulation of Related Matters Act 11 of 2009?
[1] A woman who accepted the deceased as her own child.
[2] A person who, during the lifetime of the deceased person, was accepted by
the deceased person in accordance with customary law as his or her own
child.
[3] A woman who was involved in a substitute marriage with the deceased.
[4] A woman who was involved in a woman-to-woman marriage to provide
offspring for the deceased.
(2)

36 Thabo was an entrepreneur and by the age of 20 he was already a billionaire. By the
age of 22, his parents had him certified as a mental patient because he had suffered
a collapse due to stress.

After his release from the mental hospital, Thabo decided to try out online dating. He
met Sonia online and fell madly in love. Six weeks after meeting her in person for
the first time, he became very sick with Covid-19 and was hospitalised. At times, he
was delirious and did not recognise his parents when they visited him. Sonia also
visited him and told him that she was expecting their child. She urged him to make
a will to make provision for their child’s future. Thabo asked his secretary to come to
the hospital and dictated a short will to her. In the will, he left his estate to Sonia and
their child. He signed the will and two nurses, who were present when he signed,
also signed the will as witnesses. Thabo died the next day.

After his death his parents, who were his nearest blood relatives, were surprised to
find out that he had left a will in which he left his entire estate to someone they had
never met. After a few months, it also became clear that Sonia was not expecting a
child. They approached you, an attorney, for advice.

There are several grounds on which it will be possible to attack Thabo’s will. Indicate
which one you will NOT be able to use:
[1] The will is invalid because the formalities were not complied with.
[2] Thabo lacked testamentary capacity to make the will.
[3] Thabo made the will as a result of undue influence.
[4] Thabo was a certified mental patient.
(2)

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Read the following factual scenario and then answer questions 37 to 41 on this set
of facts.
Tom committed suicide in December 2019. He left a letter in which he wrote that he
revokes all previous wills and leaves all his possessions to his two children from his first
marriage, Sandy and Denise. This letter is only signed with Tom's signature. After his
death a valid will made by him two years previously, in which he left all his possessions
to his second wife, Bongile, and nothing to his children, was also found amongst his
papers.

37 Did Tom validly revoke his first will in his suicide letter? Choose the most suitable
answer.
[1] No, because the letter revoking the will was not signed by two witnesses.
[2] No, because he did not destroy the first will.
[3] Yes, his actions amount to a valid revocation of the will in terms of section
2A(c) of the Wills Act 7 of 1953.
[4] No, because a letter can never be a valid will and a previous will can only be
revoked in a later valid will.
(2)

38 Will the suicide letter made by Tom be accepted as a valid will by the Master?
Choose the most suitable answer.
[1] No, the Master may not accept it because the letter is prima facie not a valid
will because it was not signed by two witnesses.
[2] Yes, the Master will accept the letter as a will because it is clear from the
facts that Tom intended the letter to be his will.
[3] No, the letter is not a valid will because he disinherited his wife.
[4] Yes, the Master will accept the letter as a valid will because a will made in
anticipation of death need not comply with formalities.
(2)

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39 If the suicide letter that Tom wrote is rejected by the Master, Sandy and Denise may
bring an application to court. What is the order that they should ask for?
[1] An order compelling the Master to accept the suicide letter as a valid will.
[2] An order declaring that Sandy, Denise and Bongile may inherit intestate from
Tom.
[3] An order declaring that Tom intended that Sandy and Denise should inherit
and they should therefore inherit his entire estate.
[4] An order declaring that Tom’s estate should be kept in trust for Sandy and
Denise.
(2)

40 To which court should Sandy and Denise apply for the order referred to in question
39?
[1] Magistrates Court.
[2] Maintenance Court.
[3] High Court.
[4] Family Court.
(2)

41 In the application referred to in question 39, Sandy and Denise will have to prove
that…
[1] Tom intended that Sandy and Denise should inherit his entire estate.
[2] Tom did not leave a valid will and therefore Sandy, Denise and Bongile may
inherit intestate from Tom.
[3] Tom drafted the letter personally and that he has died.
[4] Tom drafted and executed the letter personally, that he has died and that he
intended the letter to be his will.
(2)

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42 Choose the correct statement:


[1] A beneficiary subject to a modus acquires a vested right to the benefit when
the modus has been fulfilled.
[2] A beneficiary subject to a modus acquires a vested right to the benefit when
the testator dies.
[3] A beneficiary subject to a modus acquires a vested right to the benefit
subject to a resolutive condition.
[4] A beneficiary subject to a modus acquires a vested right to the benefit
subject to a suspensive condition.
(2)

43 Which of the following benefits are subject to collation?


[1] Birthday presents to children.
[2] Expenses incurred for a child’s education.
[3] Benefits given with a view to a child’s marriage.
[4] Benefits paid to a child for services rendered.
(2)

44 For which of the following statements, does Du Plessis v Strauss 1988 (2) SA 105
(A) serve as authority?
[1] In South African law, no presumptions arise from the coupling of a si sine
liberis decesserit clause to a conditional fideicommissum in a will.
[2] In a will, a si sine liberis decesserit clause coupled with a conditional
fideicommissum always gives rise to a presumption that a tacit
fideicommissum was created in favour of the children mentioned in the
clause.
[3] In a will, a si sine liberis decesserit clause coupled with a conditional
fideicommissum gives rise to a presumption that a tacit fideicommissum was
created in favour of the children mentioned in the clause, but only if they
were descendants of the testator.
[4] In a will, a si sine liberis decesserit clause coupled with a conditional
fideicommissum will never create a tacit fideicommissum in favour of the
children mentioned in the clause, if the children were related to the testator
through a sibling.
(2)

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45 The difference in the decisions in the following two cases illustrates how the boni
mores change over time:
[1] Aronson v Estate Hart 1950 (1) SA 539 (A) and Minister of Education v
Syfrets Trust Ltd 2006 (4) SA 205 (C).
[2] Aronson v Estate Hart 1950 (1) SA 539 (A) and Bekker v Naude 2003 (5)
SA 173 (SCA).
[3] Ex parte Maurice 1995 (2) SA 713 (C) and Bekker v Naude 2003 (5) SA 173
(SCA).
[4] Minister of Education v Syfrets Trust Ltd 2006 (4) SA 205 (C) and Braun v
Blann and Botha 1984 (2) SA 850 (A)
(2)

46 Choose the correct statement:


[1] In the case of a fideicommissum residui, the fiduciary may not alienate any
of the fideicommissary property.
[2] In the case of a fideicommissum residui, the fiduciary may alienate all of the
fideicommissary property.
[3] In the case of a fideicommissum residui, the fiduciary may alienate ¼ of the
fideicommissary property.
[4] In the case of a fideicommissum residui, the fiduciary may alienate ¾ of the
fideicommissary property.
(2)

47 In which of the following instances will the obligation to collate fall away? Choose
the most suitable answer.
[1] The heir concerned refuses to inherit.
[2] The co-heirs do not insist on collation.
[3] The testator provided in the will that no collation was to take place.
[4] All the answers are correct.
(2)

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48 Lebo died in 2019. After her death, three valid wills were found amongst her papers.
In the first will, dated 11 July 2009, she left her estate to her husband, Themba, and
their children, Malefu and Kabelo. The second will was dated 20 January 2018. In
this will, she revoked her previous will and left her estate to her children only. At that
stage, Lebo and Themba were separated. After they were reconciled, Lebo made a
third will in December 2018. She provided in this will that “I hereby revoke my will
made on 20 January 2018 and re-instate my will made on 11 July 2009 as my valid
will.” She further included a list of all her property that forms part of her estate.

Which will must be given effect to?


[1] The first will, since the third will revoked the second will and revived the first
will.
[2] There is no will to give effect to since the second will revoked the first will
and the third will revoked the second will. The first will cannot revive since
revival by incorporation is not part of our law.
[3] All valid wills must be read together. Therefore, effect will be given to the
first and the second will. The third will does not contain any dispositions of
property and must be ignored.
[4] The second will, since the first and second will cannot be read together. The
later will takes effect.
(2)

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49 Petrus committed suicide. After his death, his second wife, Susan, produced a will
that she said she had found in his safe. The will was not signed by the testator or
any witnesses. The will was dated two days before his suicide. In this will, Petrus left
his estate to his second wife, Susan, and their child, Abrie, who was a year old.
Petrus’ children from his first marriage, Ben and Christo, objected to this will. They
alleged that Susan fraudulently wrote the will herself. Petrus’ attorney also produced
a will that he held in safekeeping for Petrus. In this will, Petrus left his estate to his
children from his first marriage and to his second wife. The will was dated three years
before his suicide. Petrus leaves behind Susan, Abrie, Ben and Christo.

Who will inherit Petrus’ estate?


[1] Susan and Abrie, because the second will is the latest will and should
therefore be given effect to.
[2] Susan, Ben and Christo, because the first will is the only valid will since the
second will was not signed by the testator or by witnesses.
[3] Ben and Christo only, provided that they prove in a court of law that Susan
forged the will found in the safe.
[4] Abrie, Ben and Christo because they are the intestate heirs.
(2)

50 The duty to submit a death notice to the Master rests on one of three persons,
namely…
[1] the surviving spouse, nearest relative or executor of the estate.
[2] the surviving spouse, executor of the estate or person in control of the
premises where the death occurred.
[3] the executor of the estate, nearest relative or person in control of the
premises where the death occurred.
[4] the surviving spouse, nearest relative or person in control of the premises
where the death occurred.
(2)

Total [100]

©
UNISA 2020

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