QUESTION 1
P died on 30 September 2023. He was survived by his wife, S. S approaches you for legal advice. In his will, P has not nominated an executor. Indicate who will be responsible for the administration of P's estate:
A.
an executor testamentary
B.
an executor dative
C.
a co-executor (assumed executor)
D.
an agent
1 points
QUESTION 2
A and B concluded the following contract: 'I, A, hereby undertake to B that I will leave half of my estate in my will to my stepson, C.' The invalidity of this pactum successorium is based on the following reason(s):
A.
it places a limitation on freedom of testation
B.
it amounts to an attempt to circumvent the formality requirements for drawing up a will
C.
[A] and [B]
D.
none of the above
1 points
QUESTION 3
Which subsection of the liquidation and distribution account reflects the following: 'The reason for the distribution of the assets is provided here'?
A.
Liquidation account
B.
Distribution account
C.
Recapitulation statement
D.
Income and expenditure account
E.
Estate duty addendum
1 points
QUESTION 4
Testator Y bequeathed her whole estate to her daughter A in her will that was drafted and executed on 02 October 2023. The will contained no other provisions. Testator Y died on 11 October 2023. Y's executor, E, notified A on 15 October 2023 that she (A) is nominated as the only heir in Y's estate and also enquired whether A accepts the inheritance or not. On 22 October 2023 A formally notified the executor, E, that she accepts (adiates) the inheritance. The effect of this adiation is that A acquires a vested personal right against the executor. The moment of the vesting of this right is on:
A.
02 October 2023
B.
11 October 2023
C.
15 October 2023
D.
22 October 2023
1 points
QUESTION 5
The following two clauses appear (inter alia) in the will of the late X: In clause 3 of his will: 'I bequeath my house to my cousin A' and then stating in clause 5 of the same will: 'I bequeath my house to my cousin B'. X is survived by his two cousins A and B. X is also survived by his spouse, Y. Who will inherit the house from X?
A.
A
B.
B
C.
A and B
D.
Y
1 points
QUESTION 6
State the most correct answer regarding a donatio mortis causa:
A.
it is a contract – a donation in contemplation of death
B.
it must be made out of pure altruism
C.
it must comply with the formalities contained in the Wills Act 7 of 1953 in order to be valid
D.
all of the above
E.
only [A] and [B]
1 points
QUESTION 7
Before effect can be given to testamentary dispositions, the testator's intentions, as expressed in the will, must be ascertained. Identify the process(es) in order to ascertain the intention of the testator:
A.
interpretation
B.
rectification
C.
[A] and [B]
D.
none of the above
1 points
QUESTION 8
Testator T bequeathed her whole estate to her friend A in her will that was drafted and executed on 11 October 2023. The will contained no other provisions. Friend A does not want to inherit and repudiates the inheritance. The effect of this repudiation will be that:
A.
direct substitution will take place
B.
statutory substitution will take place
C.
accrual will operate
D.
the estate will devolve intestate
1 points
QUESTION 9
An estate must be reported within ………… of date of death in terms of section 7 of the Administration of Estates Act 66 of 1965:
A.
seven days
B.
fourteen days
C.
twenty-one days
D.
one month
1 points
QUESTION 10
An executor may consider the following method of liquidation where the testator bequeathed his entire estate to his two daughters and made a testamentary stipulation that all the estate assets must be sold:
A.
award of assets in specie (award assets in the same form as they were held by the deceased)
B.
redistribution agreement
C.
section 38 takeover
D.
total sale of assets
E.
partial sale of assets
1 points
QUESTION 11
The liquidation account, as a subsection of the liquidation and distribution account, reflects:
A.
how the assets are going to be distributed
B.
the liquidity of the estate at date of death
C.
income earned and expenditure incurred in the estate after date of death
D.
assets and liabilities of the estate at the date of death
E.
all of the above
1 points
QUESTION 12
Identify the document that contains the following testamentary provision: 'We, D and E, bequeath our estates as follows: D's estate to C and E's estate to G.'
A.
single will
B.
joint will
C.
mutual will
D.
a will making provision for massing of estates
1 points
QUESTION 13
X's attorney drafted a will for him based on his (X's) instructions and the will was validly executed. Unfortunately the attorney wrote on page 2 of the will 'I bequeath the residue of my estate to my friends A and B' instead of 'I bequeath the residue of my estate to my friends A and C', in accordance with X's instructions. Advise X as to what can be done in order to give effect to his (X's) true intention:
A.
X can amend his will
B.
the court can amend X's will
C.
the court can interpret X's will to give expression to his (X's) true intentions
D.
the court can rectify X's will
1 points
QUESTION 14
A's estate consists of the following assets: a house valued at R2 000 000, a motor vehicle valued at R1 000 000 and cash in the sum of R1 000 000. The liabilities of the estate amount to R2 000 000. The executor's remuneration was not fixed by the testator in the will. With reference to the above set of facts, indicate the remuneration that the executor will be entitled to:
A.
R380 000
B.
R240 000
C.
R140 000
D.
R70 000
E.
R350
1 points
QUESTION 15
The liquidation and distribution account in a deceased estate has to be submitted to the Master within:
A.
fourteen days after the date of death
B.
six weeks after letters of executorship have been issued
C.
six months after the date of death
D.
six months after the appointment of the executor
C.
twenty-one days