TUTORIAL LETTER NO 1 OF 2005 ADMINISTRATION OF ESTATES Students are reminded of the amendments to the Estates Act that came

into force during 2002. please ensure that your copy of the Statute is amended accordingly. A copy of the regulations that were also published in terms of these amendments is stated below.. Bear these changes in monetary values in mind and annotate the notes accordingly as these amendments have not yet been incorporated in the lecture notes Candidates must ensure that they are in possession of the relevant statutes ANNOTATED TO CONFORM WITH NAMIBIAN LAW and MUST bring them to class. YOU CANNOT SUCCEED IN THIS SUBJECT WITHOUT THESE STATUTES. The lecture notes are not sufficient. Bear in mind that the statutes in reference books will be in terms of the South African Law and not Namibian Law. The University has taken note of a spate of plagiarism that has occurred in the past and steps have been taken to deal with this problem. Any candidate’s work that does not reflect the originality in form and expression or mirrors the work of another shall be deemed to be a copy or a plagiarised work and will be punished accordingly. The punishment for copying another persons work shall be the award of a zero mark for the work submitted plus any other penalty the Board may wish to impose without considering which candidate copied someone’s work or which candidate allowed someone to copy their work It is therefore in your own interest to ensure that your assignment is entirely your own work and to ensure that no-one has the opportunity to copy your work. The following assignment must be completed and handed in to Mrs Klaaen on or before the 14 th May 2005. NB NO EXTENSION WILL BE CONSIDERED OR GRANTED. I would like to remind you that this is the type of question you will receive in the examinations. .

NB.ADDITIONAL TO LECTURE NOTES It has come to my notice that an important but virtually unknown section in the Administration of Estates Act of 1013 (Act no 24 of 1013) was not repealed when the 1065 Estates Act came into force. This section. Copy of which is attached, provided that the children of a deceased child of a testator can inherit the share that their predeceased parent would have inherited had they survived the testator. This section can be regarded as an exception to the Jus Accrescendi rule. And a note to this effect must be made under this section of the notes Page 24 . No. 27 of 1961.] ORDINANCE To amend, the Administration of Estates Act, 1913, as applied to this Territory by Proclamation 52 of 1921. (Assented to 23rd June, 1961.) (English text signed by the Administrator.}

BE IT ORDAINED by the Legislative Assembly for the Territory of South West Africa as follows:—

1. The following section is hereby inserted in the Administration of Estates Act, 1913 (Act 24 of 1913) of
the Parliament of the Union of South Africa as applied to this Territory by the Better Administration of Justice Proclamation, 1921 (Proclamation 52 of 1921) after section one hundred and fifteen:— Desendants of predeceased child of testator entitled to benefit under will 115bis. Whenever according to the terms of the will of a testator who dies after the date of commencement of the Administration of Estates Amendment Ordinance, 1961, a predeceased child of that testator would have become entitled to any benefit under that will if he had survived the testator, the lawful descendants of that child shall be entitled per stirpes to that benefit unless the terms of the will indicate a contrary intention.".

2. This Ordinance shall be called the Administration of Estates Amendment Ordinance, 1961.
-------------------------------------------------------------------------------------------------------------------Administration of Estates Amendment Act, No, 54 0f 1970 Schedule

No. and year of Law

Short title

Extent of repeal The whole, except in so far as it relates to section 115bis of the Administration of Estates Act, 1913 (Act No. 24 of 1913), as applied to the territory Sections 3, 4, 5, 6, 7, 8 and 9

Proclamation No. 52 of Better Administration of Justice 1921 Proclamation, 1921

Ordinance No. 22 of 1958

Genera] Law Amendment Ordinance, 1958