PVL2602
PVL2602
PVL2602
May/June 2020
PVL2602
Law of Succession
100 marks
Duration 2 Hours
Instructions:
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.
6. The answers to this MCQ examination may only be submitted online on myUnisa. The Unisa MCQ
App cannot be used for examination submissions.
7.1. Access myUnisa at https://my.unisa.ac.za/portal and login using your student number and
myUnisa password.
7.3. In the “Assessments” submenu, click on the “Assessment Info” tool in the drop-down list
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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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.
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.
If you want to redo the answers to the assessment, click Back to go back to the previous
step.
This is your proof that your examination answers were successfully submitted. If you do
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
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• 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.
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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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[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?
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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)
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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.
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)
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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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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.
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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)
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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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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)
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.
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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.
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]
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UNISA 2020
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