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JUSTICE TRAINING CENTRE
BOARD OF LEGAL EDUCATION
SUBJECT Administration of Wills and Estates
NAME & SURNAME Virachio Byron Hill
CANDIDATE
114/2025
NUMBER
DUE DATE 14 July 2025
LECTURER Judge A. Hans-Kaumbi
ASSIGNMENT
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I, Daniel Pienaar, born on 7 th February 1957, Identity Number
5702070022, an adult Male of No.19 Van Riebeeck Street, Klein
Windhoek, Namibia, do hereby declare this to be my Last Will and
Testament, revoking all previous Wills and Councils made by me.
1. APPOINTMENT OF EXECUTOR
I, nominate and appoint Byron Hill, born on 09 th June 1994, Identity
Number 94060900025, an adult Male of No. 5 Hanse Street, Kleine
Kuppe, Namibia, as the Executor of my Estate. Should the said
Byron Hill for any reason be unable or unwilling to act, I nominate,
constitute and appoint Brandon Bock, Identity Number
90020300036, of No.73 Petunia Street, Khomasdal, as the Executor
of my Estate. I exempt my executor from furnishing security to the
Master of the High Court.
2. BEQUESTS
2.1. Fideicommissum
I bequeath my immovable property namely No.19 Van Riebeeck
Street, Klein Windhoek, Namibia, to my son, Donovan Pienaar
Identity Number 86113000065, hereinafter referred to as the
“Fiduciary”. This bequest is made subject to a Fideicommissum in
favour of his eldest child alive at the time of the fiduciary`s death.
The fiduciary shall have the right to possess and enjoy the property
during his lifetime, but he shall not alienate or encumber the
property. Upon the death of the Fiduciary, the property shall pass
absolutely to the Fideicommissary.
2.2.Usufruct
I bequeath the usufruct over my farm, Hatsamas Wes No.283,
situated near Dordabis, Khomas Region, Namibia, to my spouse,
Anna Pienaar, Identity Number 65062200036, for the remainder of
her life. Upon the death of my spouse, the bare dominium of the
said farm shall vest in my daughter, Wilhelmina Pienaar, Identity
Number 90042200073.
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Testator ……………………….
Witness 2……………………… Witness 1………………………
2.3.Collation
I direct that any and all advancements or benefits, whether in cash
or kind, given by me during my lifetime to any of my children,
namely Megan Pienaar, Wilhelmina Pienaar and Donovan Pienaar,
shall be brought into collation and accounted for in the division of
my residue estate. This means that such advancements shall be
added notionally to the estate for the purpose of calculating the
shares of my heirs, and the value of the advancement shall be
deducted, from the share of the child who received it.
2.4. Massing
I and my spouse Anna Pienaar, Identity Number 65062200036,
having entered into a joint Will, hereby mass our entire estates,
both movable and immovable, present and future, into one joint
estate. We direct that upon the death of the first dying of us, the
survivor shall inherit the whole of the massed estate, subject to the
conditions hereinafter set out. Upon the death of the survivor, the
entire massed estate shall devolve upon our children, Megan
Pienaar and Wilhelmina Pienaar, in equal shares, free from any
conditions.
2.5. Exclusion of Marital Regime
Any inheritance or benefit accruing to any beneficiary under this
Will, whether movable or immovable, and the fruits and proceeds
thereof, shall not form part of the joint estate of such beneficiary
and shall not be subject to the control or disposal of such
beneficiary`s spouse.
2.6. Simultaneous Death
Should any beneficiary named in this Will die simultaneous with me,
or within thirty days of my death, or in circumstances where it is
impossible to determine which of us died first, then for the purposes
of this Will, such beneficiary shall be deemed to have predeceased
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me, and the bequest to such beneficiary shall lapse and fall into the
residue of my estate, unless otherwise provided for herein by was of
direct substitution.
Testator ……………………….
Witness 1……………………… Witness 2………………………
2.7. Modus
I bequeath the sum of N$ 100 000 One Hundred Thousand only to
my niece, Engel Pienaar, subject to the modus that she uses this
amount exclusively for her tertiary education expenses at a
recognised university or college. Proof of registration and tuition
fees may be required by my Executor before disbursement of the
funds. Should she fail to enrol in tertiary education within two years
of my death, this bequest shall lapse and fall into the residue of my
estate.
2.8. Direct Substitution
Should my son, Donovan Pienaar Identity Number 86113000065,
predecease me, or for any reason fail to inherit the bequest made to
him in clause 2.1, then in his place I nominate and appoint his child,
Daniel Pienaar, born on the 6 th January 2015 to inherit the said
immovable property directly.
3. RESIDUE OF ESTATE
All the rest, residue and remainder of my estate, whether movable or
immovable, and wherever situated, I give, devise and bequeath to my
Children, Donovan Pienaar Identity Number 86113000065 and
Wilhelmina Pienaar, Identity Number 90042200073, in equal shares.
4. GUARDIANSHIP
Should I die whilst any of my minor children are still minors, I nominate an
appoint Johannes Pienaar, Identity Number 77051500067as the guardian of
their person.
5. POWERS OF EXECUTOR
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I grant my Executor all such powers as are allowed in law, including the power
to sell, mortgage, or otherwise deal with any property in my estate as may be
necessary for the proper administration thereof, without the necessity of
obtaining the consent of any heir or the Master of the High Court, save where
such consent is expressly required by law.
Testator ……………………….
Witness 1……………………… Witness 2………………………
6. SIGNATURE
IN WITNESS WHEREOF, I have hereunto set my hand at Windhoek on this
day 10 July 2025, in the presence of the undersigned witnesses all being
present at the same time.
Daniel Pienaar
TESTATOR
AS WITNESSES:
1 .........................
Maxcine Engelbrecht (1)
Identity Number: 70102200027
22 Daffodill Street, Khomasdal, Windhoek
2. ..........................
Gert Engelbrecht (2)
Identity Number:75081600058
22 Dafodill Street, Khomasdal, Windhoek
