LSSA-UNISA DISTANCE PLT SCHOOL

ASSIGNMENT : WET 3 SUCCESSION SELF ASSESSMENT

DUE DATE : 8 JULY 2019

GUIDELINE ANSWERS

QUESTION 1 [20]

1.1
We hereby mass our separate estates[1] upon the death of the first dying of us [1] and direct
that the so massed estates shall, upon the death of the first dying [1], devolve upon our son
James [1], subject to the lifelong usufruct of the survivor of us [1]. Should the survivor of us
repudiate this Will [1], we direct that the estate of the first dying shall then devolve upon our
son James free of any usufruct [1].

1.2

ADIATION CERTIFICATE

I the undersigned

Vanessa Maharaj

in my capacity as the surviving spouse of the late David Maharaj do hereby declare as follows:

I am aware of the conditions contained in the joint last Will and Testament of the deceased and
myself dated 5 April 2017 which constitutes a massing of our separate estates [1].

I am aware that I have the right to either accept or reject the said Will [1] and that the
consequences of both acceptance and rejection have been explained to me [1]. Under the
circumstances I have decided to adiate the terms of the Will [1] which will have the effect that I
will forfeit my own estate in favour of our son Joseph [1] and I will receive the usufruct of both
estates[1].

Witnesses: [1]

1.________________

2.________________ ______________
Surviving spouse [1]

I the undersigned, Peter Smith,

an attorney, hereby certify that I have explained to the said Vanessa Maharaj the
consequences of either accepting or rejecting the joint Will of herself and the deceased [1].
That she intimated that she fully understands the consequences of either accepting or rejecting
the Will [1], and that she had after due consideration elected to accept the Will [1].

Witnesses: [1]

1.____________________

2.____________________ _______________
Attorney [1]

1
QUESTION 2 [7]

The estate will be distributed as follows:

Patience will firstly get her half share in the amount of R449 998.00 by virtue of marriage in
community of property [1]
The other remaining R449 998.00 will devolve as follows:
Patience will inherit a child’s share or R250 000.00, whichever is the greater - Section 1(1)(c)
(i) of the Intestate Succession Act [1]
A child’s share is R449 998.00 ÷ 4 = R112 499.50 [1]
Therefore Patience inherits R250 000.00 [1]
James will inherit R66 666.00 - Section 1(1)(c) (ii) [1]
Patience will also inherit Edward’s share in the amount of R66 666.00 - Section 1(6) [1]
Angela will inherit her late father’s portion in the amount of R66 666.00 - Section 1(7) [1]
Gerald’s father Joshua will not inherit because there is a surviving spouse and descendants

QUESTION 3 [6]

I would advise :-

1) Cindy as a surviving spouse is entitled to file a claim for maintenance against Joel’s
estate in terms of Section 3 of the Maintenance of the Surviving Spouse Act 27 of 1990
[1]

2) The amount Cindy can claim as maintenance will be determined by:-

2.1 The amount in the estate available for distribution. [1]

2.2 The existing and expected means and earning capacity, financial needs
and obligations of Cindy and the subsistence of the marriage [1]
2.3 Cindy’s standard of living during the marriage [1]
2.4 Cindy’s age as at 30 December 2018 [1]

3) I would advise Cindy to engage the services of an actuary to calculate the amount of
her claim and lodge the claim with the Executor of Joel’s Estate
[1]

TOTAL : 33 MARKS