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jun-97 que

jun-97 que

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Published by André Le Roux

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Published by: André Le Roux on Jun 16, 2009
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05/11/2014

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LEGAL PRACTITIONERS QUALIFICATION EXAMINATION.
JUNE
1997
TIME: 90 MINS
MARKS:
100
QUESTION 1
[38]

Mr and Mrs Jones, who are married to each other out of community of property, instruct you to draw a joint will in which they leave the estate of the first-dying to the survivor of them.

In the event of their simultaneous death, they leave their estates in trust
for the benefit of their minor children.

The survivor is to be the executor in the estate of the first-dying. You (a legal practitioner) are to be the trustee and also the executor in the event of simultaneous death.

Draw the joint will, omitting the causes relating to the powers of the
Administrator.
QUESTION 2
[48]
Your client dies intestate and his widow approaches you to administer the
estate consisting of"
Farm property worth
$250 000
Movables worth
$50 000
Policies and cash of
$100 000
The deceased had left a son and two minor grand-children, children of his
predeceased daughter.
The widow wishes you to be appointed as executor but the son wants to be
appointed himself.
2.1
Who will the Master appoint?
(1)
2.2
List the documents that you will lodge with the Master to enable him
to appoint an executor.
(6)
2.3

Discuss briefly the steps to be taken by the executor in the administration of the estate until the estate is finalised, stating in particular the time fixed by the act for the various duties.

(12)
2.4
You are unable to lodge the account on due date.
i/
Draw up your application for an extension of two months.
Supply your own facts as necessary.

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