LEGAL PRACTITIONER'S QUALIFYING EXAMINATION JUNE 1996 ADMINISTRATION OF ESTATES 100 MARKS TIME 1 1/2 HOURS ___________________________________________________________ Question 1 [30

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Your clients H and his wife W consult you with regard to the making of a joint will. They give you the following information: a/ b/ c/ They are married out of community of property. W is pregnant with their first child and they plan to have more children. They have the following family: i/ A, a son born from the marriage of H and his predeceased first wife, ii/ B, an adopted daughter of W's predeceased son from her previous marriage. iii/ C, W's mother. iv/ D, W's full sister. H's estate amounts to N$750 000.00, including a small farm valued at N$500 000.00. W's estate amounts to N$120 000.00.

d/ d/

During the consultation, M and W requested you to answer the following questions: 1.1/ Should H die at that stage without leaving a will, who will be his heirs and how much would each inherit? (6 ) 1.2/ Should W die at that stage without leaving a will, who would be her heirs, and how mush would each inherit? (6 ) 1.3/ If they make a joint will, in which their separate estates are bequeathed to their respective children and grand-children subject to the survivor's usufruct, could either party make another will without the consent of the other party? (1)

1.4/ What would be the affect if the survivor refuses to accept the conditions of the joint will? (2) Draw up the clause(s) of the will for your clients, to provide for their wishes as in 1.3/ above. (15)

QUESTION 2

[10]

The Wills Act recognises only one type of privileged will. 2.1/ Under what circumstances can such will be used? (5) 2.2/ What are the requirements for such a will and which requirements of a normal will need not be complied with? (3 ) 2.3/ The validity of such a will is limited. Give details of such limitations. (2) ______________________________________________________________ QUESTION 3 [10]

3.1/ The Namibian law of intestate succession is based on inheritance by blood relationship. Name the exceptions to this rule and state the statutes that introduced these exceptions. (5) 3.2/ In the case of Ex parte Singh 1981(1) S.A.793 T it was stated: "I think it can now be stated that where a .... witness signs with his initials only, then that will be sufficient compliance with the requirements of the Wills Act 7 of 1953 ....." Discuss this decision in respect of a will executed in Namibia. (5) ______________________________________________________________ _ QUESTION 4 [40]

The relevant portion of the will of William Smith, dated 2406-1985, reads as follows: "I bequeath my estate as follows: a/ My house in Windhoek to my son John. b/ The cash in my estate to my daughter Joan. c/ My house in Okahandja to my children Peter and James. d/ The residue of my estate to my children in equal shares." On his death, he left the following family:

a/ b/ c/ d/

His sons, John and Peter. His daughter Joan married in community to Basil Lloyd. An adopted daughter, adopted on 15-12-1990. Grand-son, Andrew, (born on 18-10-1989) son of predeceased son James.

The deceased left the following for distribution: a/ Fixed property in Windhoek, valued at $500 000. b/ Fixed property in Okahandja valued at $200 000. c/ Savings account with Bank Windhoek $300 000. d/ Fixed deposit with Bank Windhoek $200 000. e/ Proceeds of movables, sold by the executor $100 000 f/ Rental from the property in Windhoek collected by the executor for period after death, $10 000 g/ Interest on savings account after death $30 000 h/ Interest after death on fixed deposit $20 000 The executor had to pay $2 000 for rates and taxes on the Windhoek property for period after death. Ignoring administration and other costs, draw up the distribution account for the estate as well as the distribution account of the income. (40) ______________________________________________________________ _ QUESTION 5 [10] in

Calculate the Master's fee and executor's remuneration respect of estates where the gross assets amount to:

5.1 $900 5.2 $1 500 5.3 $11 999 5.4 $195 000 5.5 $250 000. ______________________________________________________________ _