LEGAL PRACTITIONER'S QUALIFICATION EXAMINATION.
TIME 1 HOUR 30 MINUTES
Use your own facts where necessary
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.
What advice will you give the surviving spouse in respect of the wills and why? (3)
Address a letter to the Master of the High Court to report the estate, stating in detail
the documents enclosed.
What other documents should be submitted if the deceased died intestate.
The deceased leaves assets to the value of N$1 400 000.00 comprising inter alia the
Dwelling house awarded to the heirs at sworn appraised value.
Shares listed on the stock exchange which are sold.
Shares in a private company awarded to the heirs.
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.
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.
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?
How would you advise "X" in respect of his appointment as executor?
If "X" renounces his nomination as executor, who will the Master appoint as
executor and why?