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MODULE NAME: MODULE CODE:

Administration of Deceased Estates and Wills LASU7312

ASSESSMENT TYPE: EXAMINATION (PAPER ONLY)

TOTAL MARK ALLOCATION: 120 MARKS
TOTAL HOURS: 2 HOURS (+10 minutes reading time)
INSTRUCTIONS:
1. Please adhere to all instructions in the assessment booklet.
2. Independent work is required.
3. Five minutes per hour of the assessment to a maximum of 15 minutes is dedicated to
reading time before the start of the assessment. You may make notes on your question
paper, but not in your answer sheet. Calculators may not be used during reading time.
4. You may not leave the assessment venue during reading time, or during the first hour or
during the last 15 minutes of the assessment.
5. Ensure that your name is on all pieces of paper or books that you will be submitting. Submit
all the pages of this assessment’s question paper as well as your answer script.
6. Answer all the questions on the answer sheets or in answer booklets provided. The phrase
‘END OF PAPER’ will appear after the final set question of this assessment.
7. Remember to work at a steady pace so that you are able to complete the assessment within
the allocated time. Use the mark allocation as a guideline as to how much time to spend on
each section.
Additional instructions:
1. This is a CLOSED BOOK assessment.
2. Calculators are allowed .
3. Answer all questions.

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Question 1 (Marks: 15)

Q.1.1 A donatio mortis causa is a donation made in contemplation of the death of the (5)
donor. Discuss the special features of the donatio mortis causa.

Q.1.2 A person's blood relations can be divided into three categories. Discuss the (10)
categories that blood relations can be divided into and provide examples of each
category?

Question 2 (Marks: 20)

John dies intestate. He is survived by the following persons:

 His twin half‐sisters on his Father’s side : Wendy and Homayra;

 His father Kyle;
 His nephew Marchant, the son of his predeceased half‐brother Ed, on his predeceased
mother’s side; and
 His grandfather, Stephen, on his predeceased mother’s side.

The total value of Johns estate is R1 800 000 (one million eight hundred thousand rand).

Q.2.1.1 Identify John’s surviving collaterals (2)

Q.2.1.2 Identify John’s surviving ascendants (2)
Indicate which portion of the estate each of John’s survivors will be entitled to inherit by
answering the following questions:

Q.2.2.1 Apply the principles of Section 1 (1)(d)(iii) to John’s estate. In your (8)
answer indicate why the section is applicable to John’s estate.
Q.2.2.2 Calculate what John’s heirs will receive in terms of Section 1 (1)(d)(iii). (4)
Q.2.2.3 Identify those survivors who will not inherit from John’s estate and (4)
provide reasons for your answer.

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Question 3 (Marks: 60)

Refer to the two‐page will Ronald Sharrock Montgomery attached to this paper and answer
the following questions:

Q.3.1 This question relates to various clauses contained in Ronald ’s will.

Q.3.1.1 With reference to clause 4.1, may a testator make such a bequest? Fully (15)
discuss, in your own words, the principle being exercised by Ronald . Your
answer must include a discussion on whether or not the exercise of the
principle is absolute.

13 marks will be allocated for discussion.

Two marks will be allocated for skill and method. Skill and method will
include your ability to reflect adequate reading and understanding of the
subject area. The ability to substantiate points and synthesise information
into a coherent whole. The consistent use of formal language and a good
flow of arguments.

Q.3.1.2 In clause 4.2 Ronald made the bequest subject to an obligation. Fully (10)
discuss this type of bequest and its consequences with references to the
facts.

Seven marks will be allocated for discussion of the bequest.

Three marks will be allocated for skill.

Q.3.2 With regards to signing of the Will, indicate ‘Yes’ or ‘No’ and provide a reason for
your answer:
Q.3.2.1 witnesses must sign on each page of the Will. (3)
Q.3.2.2 a witness may write down their initials only. (3)
Q.3.2.3 a commissioner’s certificate is always required. (3)
Q.3.2.4 a commissioner of oaths may also sign as a witness. (3)
Q.3.2.5 another person signing the Will does not necessarily amount to forgery. (3)

Q.3.3 Provide a comprehensive outline of Stone Sibanda’s role in terms of clause 3.1 of (10)
the Will.

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Q.3.4 Assume for this question that Ronald is also the father of Jason Seymour Sharrock (10)
Montgomery born of his wife Christa. Ronald ’s children take the Will out of the
safe a day after their father died. Jason is very worried that his name is not
specifically mentioned in the Will. Explain to Jason the meaning of a ‘class bequest’
with reference to clause 4.3 of the Will.

Seven marks will be allocated for the explanation.

Three marks will be allocated for skill.

Question 4 (Marks: 25)

Answer the following questions on the administration of deceased estates.

Q.4.1 Explain how the nett value of the estate is calculated for the purposes of estate (6)
duty payable in terms of the Estate Duty Act.

Q.4.2 Where and for what period should an executor advertise/ publish the liquidation (5)
and distribution account? In your answer explain for how long the account will be
available for inspection.

Q.4.3 Briefly discuss the contents of the Liquidation Account in the complete Liquidation (8)
and Distribution Account.

Q.4.4 Draft a heading, in the prescribed format, for the liquidation and distribution (6)
account of Ronald ’s deceased estate.

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LAST WILL AND TESTAMENT

RONALD SHARROCK MONTGOMERY
(ID. 440101 5678 08 8)
presently of Durbanville
1 Preamble
1.1 Unless it appears otherwise from the context, words importing the masculine gender shall
include the feminine gender and vice versa, and words importing the singular shall include the
plural and vice versa.

2 Revocation of former Wills

2.1 I revoke all previous wills.

3 Appointment of the Executor

3.1 I nominate Stone Sibanda and failing him, any director of the firm, Hunter, Turner and
Carpenter or their successors in title to be the Executor (“my Executor”) of my estate.

4 Legacies and Bequests

4.1 I bequeath R100,000,000 (one hundred million rand) to the Council of the University of Kwa‐
Zulu‐Natal (hereinafter with their successors in office called the Council) to held by the Council
in trust with the intent that same shall be dedicated in perpetuity for the promotion and
encouragement of education in the manner set out hereunder:

4.1.1 The proceeds of this bequest shall form a fund called the Ronald Sharrock
Montgomery Educational Fund.
4.1.2 The Council shall stand possessed of the said fund and investments from time to time
representing the same upon trust to apply the income thereof towards the higher
education of students wishing to study archaeology, who but such financial assistance
would be unable to pursue their studies, for such value for such duration as the
Council may determine in each case.
As witnesses:
1. ____________________
TESTATOR
2. _____________________
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4.2 I leave my farm “Green Fields” to my son Henry Sharrock Montgomery, provided that he pays
his half‐sister Mercedes Bentley R1 million within three years of my death.
4.3 I leave the residue of my estate to my children born of my late wife Christa Leone Sharrock
Montgomery, and failing any of whom their issue by representation per stirpes.

5 Donation of my moral remains

5.1 I have donated to Institute of Biological Research, University of KwaZulu‐Natal Medical School,
for therapeutic or scientific purposes my entire body and attach thereto a copy of the written
donation.

Signed at ______________ on this the ____________ day of ________________ 20__.

As witnesses:

1. ____________________
TESTATOR
2. ____________

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