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PVL2602-26-S2
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Elisa asked her daughter-in-law, Poppy, to type a will for her. (Poppy was married to Elisa’s only son, Sam.) Elisa dictated the will to Poppy who typed the will on a computer and then printed it out. In the will, Elisa, bequeathed R10 000 to Poppy. Furthermore, she bequeathed her house to her son, Sam, and all her personal belongings to her daughter, Daisy. Fred, a friend of the family, was nominated as the executor of the Elisa’s estate. Elisa signed the will. Daisy’s husband, Hannibal, and Fred signed the will as witnesses. Which of the beneficiaries of the will are disqualified to take a benefit under the will in terms of section 4A(1) and 4A(3) of the Wills Act 7 of 1953?
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Fred’s valid will valid will provides as follows: “I leave my farm to my two friends, Sam and Tom.” This provision provides an example of a joinder…
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Wanda was a successful businesswoman who owned a house and several other assets. She was married to Steven, who is currently unemployed. They had two daughters, Bea and Carla. Wanda was diagnosed with cancer and shortly thereafter she approached ABC Trust and Wills to draw up a will for her.She completed a form with the heading, “Instructions to draft a will” and indicated on the form that her estate must go to her daughters. After this visit to the trust company, her health deteriorated suddenly. She died two weeks later without having completed any further documents.The legal position is as follows:
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Tiaan’s valid will provides as follows:“I leave my farm to my son, Siya, on condition that he is picked to play for the Springbok rugby team. If he has not been picked by 2025, the farm must go to my daughter, Dina. My wife, Wilma, will have a usufruct over the farm until her death.” When will dies cedit take place for Siya?
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Tom and Vicky were married in 2000. Tom made a will in 2013 in which he bequeathed 50% of his estate to his wife Vicky and 50% to his children Xeno, Yvette and Zandi in equal shares. Tom and Vicky were divorced five years later in March 2018 and Tom married Bongi three months later. Tom and Bongi were married in community of property, because Tom was factually insolvent. At this stage, Tom’s estate was worth R50 000 and Bongi’s estate was worth R2 000 000. Tom died ten months after his marriage to Bongi when a run-away truck hit his vehicle on the N1 highway. Bongi and Tom’s joint estate was now worth R2 200 000. Tom never changed his will made in 2000. How will Tom’s estate devolve?
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In terms of the Administration of Estates Act 66 of 1965 the will of a deceased must be handed in at:
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A deceased's descendants do NOT include the following:
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Tom’s valid will provides as follows: “I leave my estate in trust to my trustee, Xolisa. My wife, Wanda, must receive the income from the trust during her lifetime. At her death, my children, Peter and John must receive the capital of the trust.” Who is the owner of the trust property after Tom’s death?
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In King v De Jager 2021 (4) SA 1 (CC) it was held that:
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The difference between an "estate" and the "residue of an estate" is ...
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