As witnesses 1 samantha simeon j simeon judy simeon

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AS WITNESSES: 1. Samantha Simeon J Simeon JUDY SIMEON : TESTATRIX 2. B Muhle
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PVL2602/201 23 3.1 Assume that all signatures on this will were made by hand and in pen ink. Write a note on the validity of this will. (5) Answer (1) On the face of it, this will complies with all the formalities. (1) (2) It was signed by the testatrix and two witnesses (1) (3) and it was also signed on all the pages by the testator. (1) (4) It could, however, be argued that it was not signed at the “end” as there is a big space between the last paragraph and the attestation. (1) (5) See Kidwell v The Master. (1) (6) It was therefore not signed at the end of the last paragraph as required and is therefore invalid. (1) (Max. 5) 3.2 Why should the testatrix and witnesses sign the photographs of the jewellery? (5) Answer (1) The photographs must also comply with the formalities as it identifies the object of the bequest. (1) (2) In Ex Parte Davies (1) the court held that a testamentary writing which has to comply with the formalities may contain any one of the following elements: (3) (a) The object (as in this case the jewellery) (1) (4) (b) The beneficiary (1) (5) (c) The extent of the benefit bequeathed. (1) (5) 3.3 Assume the Master accepts the will. Write a note on Samantha’s capacity to inherit in terms of the will. (3) Answer (1) Samantha signed the will as a witness and can therefore not benefit in terms of the will unless one of the exceptions under s4A of the Wills Act applies, (1) (2) namely if she gets a court order that she didn’t unduly influence the testatrix ,(1) (3) or if she inherits as much as she would have inherited intestate, (1) (4) or if two other competent witnesses had signed the will. (1) (Max 3)
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24 3.4 To what executor’s fee will Mr Poggenpoel be entitled as executor in terms of Clause 2 of the will? (1) Answer 3.5% of the value of the estate. (1) 3.5 Write a note on the provisions under Clause 3.2 of the will which provides: “The antique grandfather clock that belonged to my grandfather, to my son, Bertus, on condition that it must always go to the eldest son for 99 generations.” In this note, (i) explain which legal concepts appear in the clause, (ii) indicate when dies cedit and dies venit take place for the parties and (iii) discuss any problems that you foresee. (4) Answer (1) This bequest is a legacy in the form of a fideicommissum . (1) (2) Although it is possible to bequeath a movable asset for 99 generations (1) (which is not the case for immovable assets), (3) the bequest is a nudum praeceptum as it contains a resolutive condition but does not state a gift over (1). Bertus will thus inherit the benefit unconditionally. (4) Dies cedit and dies venit take place for h im at the testatrix’ death. (1) (4) 3.6 Write a note on the provisions under Clause 3.3 of the will which provides: “To my son, Kobus, my farm Sandfontein. At his death the farm must go to my grandson, Koos, and so to the eldest son for 99 generations.” You have the following additional information available: (a) The testatrix had 4 children: Samantha, Bertus, Kobus and Kathryn.
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