Legal practitioner's examination March 2002 1.1.

1 The defacing of a copy of a will by the testator is sufficient to revoke the original. Although this will was revoked by the testator, in terms of the doctrine of Dependant Relative Revocation the earlier will will be accepted as the testator’s intention to revoke would be subject to the later will being valid.. The unwitnessed will must also be lodged with the master. He must refuse to accept the unwitnessed will. LETTER HEAD The Master of the High Court, Private Bag 13190, WINDHOEK. Estate Late J.de Wet. We advise that we are attending to the administration of the estate of the late J de Wet who died on 1 October 1996. In reporting the estate we enclose the following: 1 2 3 4 5 6 Original wills dated 10 March 1990 and 14 August 1994. Death notice Section 9 inventory (preliminary inventory) Acceptance of trust by Mike de Wet in duplicate Certified copy of the death certificate (if the signatory of the death notice was not present at death or did not identify the deceased after death.) Bond of security for the full value of the assets unless exempted in the will.

1.1 2

Kindly issue the letters of executorship as soon as possible. Yours faithfully, Smith and Co. 1.2 2.1 2.6. 2.7.1 2.7.2 2.7.3 although page 1 of the will can not be accepted the Master will accept page 2 as it contains valid testamentary dispositions. The doctrine of Dependant Relavant Revocation will not then apply. The survivor ,a family member or the person in charge of the premises where the deceased died. why account cannot be lodged, what progress has been made, what has been done to finalised the matter, what cash is on hand and whether the estate is solvent that he is a minor, his date of birth and identity number that she is married ICOP and name of husband that she is married OCOP. ex comm. 1575. 25305 29575 12600 Vat 236 3795(6) 4436 1890

Question 3 3.1 A Masters fee nil B 2169 3.2 Personal 2103.73 Fiduciary 896.27

QUESTION 4 Liabilities Avbob funeral expenses Advertisement costs to creditors Government gazette Namibian Advertisement costs of account Government gazette Namibian Masters fee Executors fee GST Bank charges (other liabilities) Balance for distribution 34 125 5 118.75 6000 12 88 12 88

200 2925 39 243.75 120 ??????? 906000 975000

DISTRIBUTION ACCOUNT Balance for distribution Amounts to be collated Peter Smith John Smith Joseph 906000

10000 10000 15000 35000 To Mary Smith Surviving spouse 1/2 by virtue of marriage ICOP 1/2 funeral expenses 1/2 amount collated Award consists of cash To Peter Smith Major 1/3 of 1/2 in terms of will 2/5 of 1/2 collated Less amount collated Award consists of cash To John Smith Major 1/3 of 1/2 in terms of will 2/5 of 1/2 collated Less amount collated Award consists of cash

453000 3000 17500 473500

150000 7000 157000 10000 147000

150000 7000 157000 10000 147000

To Joseph Smith major 1/6 of 1/2 in terms of will 1/5 of 1/2 of amount collated less amount collated Award consists of cash To George Smith 1/6 of 1/2 in terms of will Award consists of cash

75000 3500 78500 15000

63500

75000 906000 906000