LEGAL PRACTITIONERS QUALIFYING EXAMINATION.

NOVEMBER 1997 MARKS 100 TIME 3 HOURS

______________________________________________________________ _
EXAMINER'S NOTE. 1/ Amendments to the Regulations to the Estates Act are in the pipeline and may or may not have been promulgated prior to the examinations. Answers should however, where necessary, be in terms of the Regulations prior to such amendment. 2/ Candidates should make use of their own facts where necessary.

___________________________________________________________________________ QUESTION 1. [57]

The following are the relevant facts in the estate of the late Isaac Cohen who died on 15 March 1997. 1/ The joint will of the deceased and his surviving spouse, which was accepted by the Master, reads as follows: "We mass our respective estates and bequeath our joint estate as follows subject to the usufruct of the survivor of us: i/ ii/ iii/ 2/ We bequeath our fixed property situated in Windhoek to our sons Andrew and Paul. The residue of our estate we bequeath in equal shares to the surviving spouse and our children Mary, Joseph and Samuel." We nominate our son Joseph as Executor of our estate.

On his death the deceased left the following family: i/ ii/ iii/ iv/ v/ vi/ His wife Rachel to whom he was married out of community of property. His step-son Joseph, son from his wife's previous marriage. His daughter Mary, married out of community of property to Abe Marcus. His son Paul. His son Samuel, His minor grand-daughter Mara, daughter of his predeceased son Andrew.

3/ 4/

The surviving spouse repudiated the will. The deceased's estate consisted of: i/ ii/ iii/ Fixed property situated in Windhoek valued at Cash and cash investments realised amounted to Liabilities and administration expenses totalled $400 000.00. $900 000.00 $100 000.00

(a).

Draft the covering letter to the Master enclosing the documents necessary to report the estate and the appointment of Executor. (6) Draft the repudiation of the will by the surviving spouse. (

(b). 16) (c). (d).

Draft an application for extension for the lodgement of the account that was due on 31 October 1997. (7) List ALL the administration expenses that will be reflected in the administration account. (8) Draft the distribution account. (

(e). 20)

QUESTION 2. Discuss fully the concept "colatio". QUESTION 3. (a) (b) [7]

[10]

State the various statutes in terms of which estates in Namibia are administered. Which estates are administered under which statute. [26]

QUESTION 4. (a)

Draft the following terms which your client has instructed you to include in his will: i/ Your client and his wife are spouses requiring a mutual will. They want massing to take place in respect of their immovable properties and that their son is to obtain a vested right at the death of the first-dying but full ownership to be obtained only at the death of the survivor. That the legal capacity of a major heir in respect of an inheritance will not be limited by any person nor will any person have control thereof. (13) i/ Draft the certificate to a will of a testator who signed with a "mark". ii/ If the will ends at the foot of the last page, where must the certificate appear? Can it be typed in the margin? Give authority for your answer. (13)

ii/

(b)