Law of succession tut 201 2014

2 where persons die together in the same accident it

This preview shows page 8 - 10 out of 29 pages.

[2] Where persons die together in the same accident, it will always be found that they died simultaneously. [3] Where persons die together in the same accident, the presumptions as to the sequence of death are only applicable if the persons were related. [4] Where persons die together in the same accident, there is no presumption as to the sequence of death in our law. Question 5 Which one of the following statements correctly reflects the decision of the Court in Bekker v Naude 2003 (5) SA 173 (SCA)? [1] An application in terms of section 2(3) of the Wills Act 7 of 1953 can be granted where the document was “caused to be drafted” by the deceased. [2] An application in terms of section 2(3) of the Wills Act 7 of 1953 can be granted where the document was drafted by someone else on behalf of the deceased, provided that the deceased has accepted the document as his will. [3] An application in terms of section 2(3) of the Wills Act 7 of 1953 can be granted where the document was drafted by someone else on behalf of the deceased, provided the deceased intended the document to be his will. [4] An application in terms of section 2(3) of the Wills Act 7 of 1953 cannot be granted where the document was not personally drafted by the deceased. Question 6 T’s will contains the following provision: “I leave my house to my daughter, D. However, if she were to leave the country after inheriting it, she will lose it and it will go to my son, S.“ Which one of the following statements regarding this provision is not correct? [1] This provision creates a conditional fideicommissum . [2] Dies cedit and dies venit take place for D on the testator’s death. [3] This provision creates a direct substitution in favour of S. [4] Dies cedit and dies venit are postponed for S until D leaves the country.
Image of page 8

Subscribe to view the full document.

PVL2602/201 9 Question 7 T’s will contains the following provision: “I bequeath my entire estate to my wife, and what is left of it upon her death must go to our children.” What is this type of bequest called? [1] Fideicommissum tacitum [2] Fideicommissum residui [3] Boedelhouerskap [4] Bewind Question 8 Which one of the following is not a requirement for the establishment of a valid trust? [1] The founder must have the intention to create a trust. [2] The founder must have appointed a trustee. [3] The trust property must be reasonably clearly defined. [4] The trust object or purpose must be clearly indicated. Question 9 Which one of the following benefits need not be collated? [1] Benefits received by a child as part of his/her inheritance. [2] Benefits received for the promotion of a child’s occupation or business. [3] Benefits received by a child for services rendered. [4] Benefits received by a child with a view to a marriage. Question 10 Succession can take place by virtue of … [1] the law. [2] a will. [3] an antenuptial contract.
Image of page 9
Image of page 10

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern