Minister of Education v Syfrets Trust Ltd 2006 (4) SA 205 (C) provides

authority for the following statement:

a.

The boni mores as it prevailed when the will was made should be
applied when deciding whether a clause in a will is invalid or not.

b.

The principle of freedom of testation is unfettered in our law.

c.

A provision in a will that constitutes unfair discrimination may be

deleted by a court based on its common law power to delete
provisions that are contra bonos mores.

d.

Any clause in a will that differentiates between different race groups

or gender groups is invalid.

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The correct answer is: A provision in a will that constitutes unfair
discrimination may be deleted by a court based on its common law
power to delete provisions that are contra bonos mores.

Question 2

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Xander died intestate in April 2020. Xander was married in
community of property to Yandi. They had two children born from
their union namely Ayanda and Ben. Ayanda and Ben both
predeceased Xander and left no descendants. Xander’s father, Fred is
also predeceased but Xander’s mother, Mary, is still alive.

The value of Xander and Yandi’s joint estate is R2 000 000. How much
will Yandi inherit?
a.

R250 000

b.

R2 000 000

c.

R1 000 000

d.

R750 000

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The correct answer is: R1 000 000

Question 3

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Tessa’s valid will provides as follows:

“I bequeath my estate to my sister, Pam’s children.”

At Tessa’s death Pam had a daughter, Debbie, an adopted son,

Shaun, and she was expecting a child, Chrissy. Pam also had a
stepson, Brandon. Brandon was the child of Pam’s husband from a
previous relationship. After Tessa’s death, Chrissy was born alive and
Pam subsequently had two more children, Ethan and Freddy.

Who inherited Tessa’s estate?

a.

Debbie, Shaun, Brandon

b.
Debbie, Shaun, Chrissy, Ethan and Freddy

c.

Debbie, Chrissy, Ethan and Freddy

d.

Debbie, Shaun, Chrissy

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The correct answer is: Debbie, Shaun, Chrissy

Question 4

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Which one of the following provisions in a will contains a nudum
praeceptum?

a.

I leave my farm to my son, Samuel, provided that he does not leave

South Africa permanently. If he leaves South Africa permanently, the
farm must go to my brother Ben.

b.

I leave my farm to my son, Thomas. My wife Mary may live on the

farm until her death.

c.

I leave my farm to my sons, Charl and Peter. If one of them cannot

inherit, my brother Dirk must inherit his share.

d.

I leave my farm to my son, John. John may not leave the farm
permanently during his lifetime.
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The correct answer is: I leave my farm to my son, John. John may not
leave the farm permanently during his lifetime.

Question 5

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Buhle Baloyi, a 94-year-old retired judge, had been suffering from a
prolonged respiratory infection from late 2018. In addition to this, he
was diagnosed with rheumatoid arthritis and as a result, he spent
most of his days in bed, as he was in severe physical pain. He was
looked after by his wife, Daisy Baloyi (67 years old), who took care of
his daily needs and assisted him with basic tasks such as eating and
bathing.

Buhle had had a will in place since 2001, in terms of which he

bequeathed 50% of his estate to his wife, Daisy; 25% to his nieces and
nephews; and the remaining 25% to various charitable organisations.

Buhle’s condition took a turn for the worst in August 2020. He was
hospitalised and placed on strong medication. During Buhle’s time in
hospital, he was befriended by a nurse, Pamela (25 years old). Pamela
treated Buhle with utmost kindness and told Buhle that it is “an
absolute honour to care for such a great public figure.” Pamela took
it upon herself to read the newspaper to Buhle every morning and
told him that it is a shame that his wife does not take the time to do
these little things for him given the state of his health. Pamela told
the nursing staff that she adds flowers next to his bedside every
morning “to brighten up his day, and to win his heart, of course!”

Buhle sadly died on 16 August 2020. A handwritten piece of paper

with the following words on it was found in the drawer next to his
hospital bed:
 “I hereby revoke all previous wills and leave everything to my
sweet Pamela.”

It was signed by Buhle with his initials as well as by Pamela and two
other nurses.

You are an attorney at ERF Attorneys. Daisy consults with you on 19

August 2020, and states that she seeks to challenge the validity of
Buhle’s new will. On what grounds can Daisy challenge the validity of
this will?

a.

The fact that a beneficiary signed as a witness.

b.

The fact that the will lacked formalities because Buhle signed with his
initials.

c.

The fact that Buhle lacked volition due to undue influence.

d.

The fact that Buhle lacked testamentary capacity because of his

advanced age.

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The correct answer is: The fact that Buhle lacked volition due to
undue influence.

Xavier and Yoda were brothers. They were killed in an air crash when
the airplane in which they were travelling collided with a mountain.
Their bodies were only found weeks after the accident. A medical
doctor could not determine whether they survived the crash or were
killed instantaneously.

Xavier was the eldest of the two. He left a will in which he left his
whole estate of half a million rand to Yoda. Yoda also left a will in
which he left his entire estate to his girlfriend Gina. Yoda’s only
possession was his Suzuki motorcycle.

Xavier and Yoda were survived by their parents, Maggie and Fred,
their sister, Sally and the girlfriend, Gina.

Who will inherit the money and the motorcycle?

a.

Maggie and Fred will inherit the money and the motorcycle.

b.

Gina will inherit the money and the motorcycle.

c.

Maggie, Fred and Sally will inherit the money and the motorcycle.

d.

Maggie and Fred will inherit the money and Gina will inherit the
motorcycle.

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The correct answer is: Maggie and Fred will inherit the money and
Gina will inherit the motorcycle.

Question 7

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Thebe’s valid will provides as follows:

"I leave my farm in equal shares to my brothers Kabelo and

Lerato. The residue of my estate goes to my brother, Pula."

Kabelo predeceased Thebe but is survived by a child Ntsu. Thebe is

survived by Lerato, Pula, Ntsu and his wife, Veronica.
Who will inherit the farm?

a.

Lerato and Ntsu will inherit the farm in terms of section 2C of the
Wills Act 7 of 1953.

b.

Lerato will inherit the farm according to the accrual principle because
Kabelo and Lerato were joined by means of joinder re et verbis.

c.

Veronica will inherit the farm according to intestate succession as the

will is ineffective.

d.

Pula will inherit the farm as it falls into the residue of the estate.

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The correct answer is: Lerato will inherit the farm according to the
accrual principle because Kabelo and Lerato were joined by means of
joinder re et verbis.

Question 8

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Which case provides authority for the statement that a testator may
confer on trustees the power to appoint the income and capital
beneficiaries of a trust from a group of persons designated by the
testator?

a.

Du Plessis v Strauss 1988 SA 105 (A)

b.
Braun v Blann and Botha 1984 SA 850 (A)

c.

Van Zyl v Van Zyl 1951 (3) SA 288 (A)

d.

Minister of Education v Syfrets Trust Ltd 2006 (4) SA 205 (C)

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The correct answer is: Braun v Blann and Botha 1984 SA 850 (A)

Question 9

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Tebogo’s valid will provides as follows:

"I leave my house to my sons Xander and Yusuf in equal shares.

The residue of my estate goes to my brother, Blake."

Xander predeceased Tebogo but is survived by a son Wade. Tebogo

is survived by Yusuf, Wade and Blake.

Who will inherit the house?

a.

Blake will inherit the house as it falls into the residue of the estate.

b.

Wade, Yusuf and Blake will inherit the house according to intestate
succession as the will is ineffective.

c.
Yusuf will inherit the house according to the accrual principle because
Xander and Yusuf were joined by means of joinder re.

d.

Yusuf and Wade will inherit the house in terms of section 2C of the
Wills Act 7 of 1953.

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The correct answer is: Yusuf and Wade will inherit the house in terms
of section 2C of the Wills Act 7 of 1953.

Question 10

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Tandi, a widower, asked his daughter-in-law, Sally, who is married to
his son, Charlie, to draft a will for him.

In the will he provides that an amount of R100 000 goes to his son
Charlie and that the residue of the estate is to be divided in equal
shares among his three children, Bongani, Charlie and Dillon.

After Sally had typed the will, Tandi signed the will in the presence of
all his children and his friends, Fred and Gina. Charlie and Gina then
signed the will as witnesses.

When Tandi died, he was survived by his three children only and left
no other relatives. His estate amounted to R400 000. Dillon and
Bongani are unhappy that Charlie will inherit a greater share of the
estate.

Choose the scenario that is applicable in these facts if Charlie cannot

afford to get a court order:

a.

Charlie is disqualified from inheriting because he signed the will as a

witness but, in terms of section 4A of the Wills Act 7 of 1953, he may
inherit R200 000 if he can prove to the Master that he did not unduly
influence Tandi.

b.

Charlie is disqualified from inheriting because he signed the will as a

witness but, in terms of section 4A of the Wills Act 7 of 1953, he may
inherit R200 000 because Fred was also present when the will was
signed.

c.

Charlie is disqualified from inheriting because he signed the will as a

witness but, in terms of section 4A of the Wills Act 7 of 1953, he may
inherit R133 333 as his intestate share.

d.

Charlie is disqualified from inheriting because he signed the will as a

witness and may not inherit anything from the estate.

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The correct answer is: Charlie is disqualified from inheriting because
he signed the will as a witness but, in terms of section 4A of the Wills
Act 7 of 1953, he may inherit R133 333 as his intestate share.

Thabo’s valid will provides as follows:

'I leave my beach house to my sister, Siyabonga. If she emigrates

after my death, the house must go to my brother, Ben.”

The bequest of the beach house to Siyabonga is ...

a.

subject to a direct substitution in favour of Ben.

b.

subject to a suspensive time clause.

c.

subject to a fideicommissum.
d.

subject to a modus.

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The correct answer is: subject to a fideicommissum.

Question 12

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Nimoy and Vickie were married in community of property. On 2
March 2020, Nimoy died intestate. Nimoy is survived by:

• Vickie, his wife;

• Barry, his adopted brother;
• Winnie and Lisa, his two granddaughters (the daughters of
Nimoy’s predeceased son, Celestine. Celestine was born of a
previous marriage between Nimoy and Grace);
• Zoliswa, his extra-marital son;
• Harry and Isaac, his two grandsons (they are the sons of
Zoliswa and his wife, Yvette).

At his death, the joint estate of Nimoy and Vickie amounted to R360
000. How will Nimoy’s estate be divided?

a.

Vickie will inherit R180 000; Zoliswa will inherit R90 000; Winnie and
Lisa will each inherit R45 000.

b.

Vickie will inherit R180 000 and no-one else will inherit anything.

c.

Vickie will inherit R250 000; Zoliswa will inherit R55 000; Winnie and
Lisa will each inherit R27 500.
d.

Vickie will inherit R250 000; Winnie and Lisa will each inherit R55 000.

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The correct answer is: Vickie will inherit R180 000 and no-one else will
inherit anything.

Question 13

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In 2019 Thomas, a very frail old man, made a one page will in which
he left his estate to his children. Thomas signed the will with his mark
in the presence of two witnesses and his attorney, one Johnson. The
witnesses signed the will with their signatures immediately after the
testator had signed the will with his mark. The attorney, Johnson,
then signed the will and wrote the certificate required by section
2(1)(a)(v) at the top of the page. In the certificate, Johnson stated that
the testator was known to him and that the will was the will of the
testator. He then signed the certificate: “AP Johnson, attorney-at-law”.

This will is invalid for the following reason:

a.

The attorney did not use the specimen certificate provided in the
Wills Act 7 of 1953.

b.

The certificate should have been attached immediately below the

signatures of the testator and the witnesses and not at the top of the
page.

c.

The attorney did not follow the exact wording of section 2(1)(a)(v).

d.
The attorney did not indicate his office as that of “commissioner of
oaths”.

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The correct answer is: The attorney did not indicate his office as that
of “commissioner of oaths”.

Question 14

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Xeno died intestate in December 2018 and left behind the following
relatives:

• Vera, his wife to whom he was married out of community of

property with the accrual system;
• Abel, his son (Abel was divorced and had two children, Paul
and John. At the time of Xeno’s death, Abel was in jail,
because he had caused the death of Xeno’s father, Fred, three
years earlier in a motor car accident. Abel caused the accident
because he wanted to commit suicide and deliberately drove
into a tree at high speed);
• Charl, his son (Charl was married to Kate and they had two
children, Tom and Yvette);
• Donna, his grandchild (Donna was the child of Bobby, his
predeceased son);
• Sandy, his grandchild. (Sandy was the adopted daughter of
Ethel, Xeno’s child from a previous marriage. Ethel died in
2015).

Xeno’s estate amounts to R1 500 000 (R1.5 million). Vera is entitled to

R500 000 as accrual from her marriage to Xeno. How will Xeno’s
estate devolve?

a.

Vera inherits R250 000. Charl, Donna and Sandy inherit R 237 500
each. Paul and John inherit R 118 750 each.
b.

Vera inherits R200 000. Charl, Donna and Sandy inherit R 200 000
each. Paul and John inherit R 100 000 each.

c.

Vera inherits R750 000. Charl, Donna and Sandy inherit R 187 500
each. Paul and John inherit R 93 750 each.

d.

Vera inherits R250 000. Charl, Donna and Sandy inherit R 187 500
each. Paul and John inherit R 93 750 each.

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The correct answer is: Vera inherits R250 000. Charl, Donna and Sandy
inherit R 187 500 each. Paul and John inherit R 93 750 each.

Question 15

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In which case did the Court hold that the definition of 'sign' includes
the making of initials?

a.

Jhajbhai v The Master1971 (2) SA 370 (D)

b.

Smith v Parsons 2010 (4) SA 378 (SCA)

c.

Harpur Govindamall 1993 (4) SA 751 (A)

d.

Kidwell v The Master 1983 (1) SA 509 (E)

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The correct answer is: Harpur Govindamall 1993 (4) SA 751 (A)
Thabo’s valid will provides as follows:

“I leave my BMW motorbike to my friend, Frank. Frank must pay

R20 000 to my brother Ben within 6 months of my death.”

The bequest of the motorbike to Frank is ...

a.

subject to a modus.

b.

subject to a terminative time clause.

c.

subject to a suspensive condition.

d.

subject to a direct substitution in favour of Ben.

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The correct answer is: subject to a modus.

Question 17

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Which of the following benefits are subject to collation?

a.

Birthday presents to children

b.

Benefits given as a marriage settlement (dowry)

c.
Expenses incurred for a child’s education

d.

Benefits paid to a child for services rendered

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The correct answer is: Benefits given as a marriage settlement (dowry)

Question 18

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Tom’s valid will provides as follows:

“I leave R 20 000 to my daughter, Fran. She must receive this

benefit before any other benefit is paid out.”

The bequest to Fran is called …

a.

a modus.

b.

an inheritance.

c.

a prelagacy.

d.

a bequest price

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The correct answer is: a prelagacy.

Question 19

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Thabo died intestate. Thabo and his wife, Miriam had three children
Ben, Carla and Dumisani. They also adopted a daughter, Yvette.
Thabo died in May 2020 and is survived by the following relatives:

• Carla and Dumisane;

• Ben’s son Gordon. (Ben was murdered by Gordon, who is
currently in jail);
• Sandile, Thabo’s daughter from an extramarital relationship
with Refilwe;
• Sandile’s two children, Vickie and Frans; and
• Yvette’s three children, Zandi, Xabo, and Maggie. Yvette died
in 2010.

How many stirpes does Thabo have?

a.

b.

c.

d.

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The correct answer is: 5

Question 20

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In which case did the court hold that three types of rectification,
namely correction of clerical mistakes, the insertion of words that
were left out by mistake and the deletion of words that were inserted
by mistake, are allowed in our law?

a.

Lello v Dales 1971 (2) SA 330 (A)

b.

Rens v Esselen 1957 (4) SA 8 (T)

c.

Van der Merwe v The Master 2010 (6) SA 544 (SCA)

d.

Moses v Abinader 1951 (4) SA 537 (A)

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The correct answer is: Rens v Esselen 1957 (4) SA 8 (T)