Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
mar 07

mar 07

Ratings: (0)|Views: 3|Likes:
Published by André Le Roux

More info:

Published by: André Le Roux on Jun 16, 2009
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOC, PDF, TXT or read online from Scribd
See more
See less

02/01/2013

pdf

text

original

LEGAL PRACTITIONER'S QUALIFICATION EXAMINATION.
NOVEMBER 2007
TIME 1 HOUR 30 MINUTES
100 MARKS
March 2007
Use your own facts where necessary
QUESTION 1
[16]

The firm of Smith and co of which you are a partner, holds the will of Jan de Wet dated 10 March 2003. On his death his family brings a later will of the deceased dated 14 August 2005. This will has been signed by only one witness. In terms of the earlier will you have been appointed as Executor whereas the later will nominates the surviving spouse as executor and appoints different heirs.

1.1
What advice will you give the surviving spouse in respect of the wills and why? (3)
1.2
Address a letter to the Master of the High Court to report the estate, stating in detail
the documents enclosed.
(10)
1.3
What other documents should be submitted if the deceased died intestate.
(3)
QUESTION 2
[18]
The deceased leaves assets to the value of N$1 400 000.00 comprising inter alia the
following:
a/
Dwelling house awarded to the heirs at sworn appraised value.
b/
Shares listed on the stock exchange which are sold.
c/
Shares in a private company awarded to the heirs.
d/
A motor car, furniture and paintings awarded to the heirs.
The administration expenses and liabilities amount to N$150 000.00.
Draw up the Liabilities section of the account.
QUESTION 3
[14]

You hold Joe's will in which "X" has been nominated as executor. The heirs in terms of the will are Joe's four children, subject to the survivor's usufruct. On Joe's death the family approach another firm of attorneys to administer the estate.

For personal reasons the family do not wish "X" to be appointed as executor, but can not agree as to who should in fact be appointed. Joe's wife would prefer "A" to be appointed whereas the children all want "B" as executor.

3.1
You are asked to forward the original will to the firm of attorneys who are now
representing the family. How will you reply to this request?
(5)
3.2
How would you advise "X" in respect of his appointment as executor?
(5)
3.3
If "X" renounces his nomination as executor, who will the Master appoint as
executor and why?
(4)
PTO

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->