MCQ Section 1 and 2

1. Rose and Lily are siblings. They are grandchildren of Daisy, who has a son,
Aloe, and two daughters, Sunny and Petunia. Sunny is married to Roots who
entered into their marriage with his daughter, Tulip from his previous
marriage.
Affinity in the direct line exists between Sunny and …
a. Daisy
b. Aloe and Petunia
c. Tulip
d. Rose and Lily

2. In MS v Executor, Estate Late NS, the Free State Division Court…

a. declined to follow Bam v Bhabha.

b. held that the existence of a valid marriage in community of property does not
preclude community of property in a subsequent putative marriage.
c. held that the decision in Zulu v Zulu follows the reason for the existence of the
putative marriage doctrine.
d. protects the mala fide party to a putative marriage.

3. A spouse married in community of property may not institute or defend

legal proceedings without the other spouses’ written consent, unless…
a. the proceedings relate to the spouses’ separate property.
b. the proceedings relate to an application for the sequestration of the joint estate.
c. the proceedings relate to changing the matrimonial property system.
d. the proceedings relate to the application for recovery of the joint estates' debts.

4. Section 4(1)(a) of the Matrimonial Property Act provides that the accrual of
a spouse’s estate is…

a. brought about by giving the spouse whose estate shows the smaller accrual or no
accrual a claim against the other spouse’s estate.
b. an inheritance, a legacy or a donation which accrues to a spouse during the
subsistence of his marriage.
c. dissolved by death and the accrual of the deceased’s spouse’s estate is
determined before effect is given to any inheritance.

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d. the amount by which the net value of his or her estate at the dissolution of the
marriage exceeds the net value at the commencement of the marriage.

5. In which case was it held that a postnuptial contract in which spouses seek
to change their matrimonial property system is invalid and unenforceable
against third parties and also between the spouses?
a. Ex parte Burger
b. Gugu v Zongwana
c. Honey v Honey
d. Ex parte Lourens