ow r) a Ets banaue SCHOOL OF LAW L 412 - PROBATE AND SUCCESSION FINAL EXAMINATION PAPER, WEDNESDAY, 08 JUNE 2022 09:00 ~ 12:00 HOURS TIME ALLOWED: 3 HOURS PLUS 5 MINUTES READING TIME INSTRUCTIONS TO CANDIDATES Pano Check that you have the correct examination paper in front of you. The paper consists of SIX (6) questions. Each question consists of 25 marks. Answer any FOUR questions. All answers must be written in the answer booklets provided only. Write down the number of questions attempted on the cover page. Begin answering each question on a new page. Candidates are permitted to bring into the examination room clean and unmarked copies: the Wills and Testate Administration of Estates Act, Intestate Successions Act. There shall be no communication among students during the examination. Any attempt to make such communication will lead to disqualification, DO NOT TURN THIS PAGE UNTIL TOLD TO DO SO BY THE INVIGILATORQUESTION ONE Your client Baby Face is in your office. He has come to see you with a document in his hands which he claims he found on his late father's messy office table. He hands you the document which was dated 30" January 2000, and you notice that the document has a by a John Mwale which Baby Face tells you was his late father's name. Below that signature are two other markings, the initials J.8. which were put by the 19 year old garden boy John Bull and a thumb print by their literate maid Melody. Further you see that the document on the second page has the name Petty crossed out and on top of that the name Melvin is written. Petty was supposed to get a black horse. On the side you notice that there is John Mwale's signature only. On another page you notice there appears to be a part that was rubbed out and on the side only a date was written. You then notice baby face has an envelope in his hands. He hands it to you and ‘Says it was also on the messy table. Inside the envelope is a piece of paper dated 1% August 2019 signed by John Mwale and only contains one sentence: ‘This is to confirm my testament of 30” January 2000. Help Baby Face [25 MARKS] QUESTION TWO ~~ Write short notes on the following: a) Administrator cum testamento annexo (6 marks) b) Grant Pendete Lite (5 marks) c) Grant ad colligenda bona ( marks) d) Administrator's oath (6 marks) ) Conditional Will (5 marks) ye [TOTAL MARKS: 25] QUESTION THREE Mr. Duffle Bag lived in Lusaka and died two months ago in one of his homes in Kabulonga He was a very wealthy man who had invested in a lot of property. He owned three office space buildings, five supermarkets and a hotel in Choma. He owned a BMW X6, Audi Q _Z,a Hummer H2 with leather seats anda ja Toyot Apart from the Kabulonga house he had two other housés in Ibe, ex, ‘Hil and in Rhodes Park> €¢™ + o Mr. Duffle Bag had three wives and 12 children, the first wife Clare has four children, second wife Linda hi o children and the third wife Elise had three children. The remaining three were from extra marital affairs he had. The first wife lives in Kabulonga, v che la 2 ast ts 15 i to. come : Meee poy sae“ae ‘second wife lives in Rhodes Park and the third in Ibex Hill and each wife drove a Toyota vanguard registered in Mr. Duffle Bag’s name. The Toyota Rosa was used by the poet oF pups family for a number of purposes. He died intestate. With reference to the facts above, discuss what will happen to Mr. Duffie Bag’s estate [25 MARKS] QUESTION FOUR a) Distinguish between an Executrix and Administratrix indicating how many can exist at the same time in respect of one estate (10 marks) b) What do you understand by common form probate and solemn form probate? (10 marks) ~ c) Whatis an affidavit of due execution? (5 marks) [TOTAL MARKS: 25] QUESTION FIVE Alick Commando travelled to Central African Republic two years ago. On 21% January 2018 he had made a Will which he gave to his twin sister Aliness to keep for him and gave a copy of the same to his advocates, in Lusaka, While he was there he wrote a letter to Aliness telling her that she should bum his Will of 21% January 2018. In the letter he further told the sister that he had written a letter to his advocates in Zambia Lusaka and gave details of how he wished his property disposed of in the event of death and asking them to prepare a Will based on what was in the letter. Upon receipt of the letter from the brother, Aliness did as she was told. ~\ Two days after, she received information from her brother's employers Zambia Army that Alick Commando had been killed in Central African Republic where he had gone for peace keeping. She walks into your office and hands you the letter from the brother and informs about his death. She says she is worried that the advocates for her brother have not prepared the Will. Kindly advise her the way forward [25 MARKS] QUESTION six’ a) Distinguish between an Executor de son tort and an Executor (5 marks) b) Explain Priority dependant (5 marks) c) The capacity to succeed depends on certain conditions. Explain three Beneficiaries Conditions to Succeed (15 marks) [TOTAL MARKS: 25]