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PVL2602-26-S2
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Tom’s valid will provides as follows: “I leave R 20 000 to my daughter, Fran. She must receive this benefit before any other benefit is paid out.” The bequest to Fran is called …
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What is the golden rule when interpreting a will?
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The term animus testandi refers to ...
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Xander died intestate in April 2023. Xander was married in community of property to Yandi. They had two children born from their union namely Ayanda and Ben. Ayanda and Ben both predeceased Xander and left no descendants. Xander’s father, Fred is also predeceased but Xander’s mother, Mary, is still alive. The value of Xander and Yandi’s joint estate is R2 000 000. How much will Yandi inherit?
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In 2023 Thomas, a very frail old man, made a one page will in which he left his estate to his children. Thomas signed the will with his mark in the presence of two witnesses and his attorney, one Johnson. The witnesses signed the will with their signatures immediately after the testator had signed the will with his mark. The attorney, Johnson, then signed the will and wrote the certificate required by section 2(1)(a)(v) at the top of the page. In the certificate, Johnson stated that the testator was known to him and that the will was the will of the testator. He then signed the certificate: “AP Johnson, attorney-at-law”. This will is invalid for the following reason:
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Thabo died intestate. Thabo and his wife, Miriam had three children Ben, Carla and Dumisani. They also adopted a daughter, Yvette. Thabo died in May 2023 and is survived by the following relatives:
- Carla and Dumisane;
- Ben’s son Gordon. (Ben was murdered by Gordon, who is currently in jail);
- Sandile, Thabo’s daughter from an extramarital relationship with Refilwe;
- Sandile’s two children, Vickie and Frans; and
- Yvette’s three children, Zandi, Xabo, and Maggie. Yvette died in 2010.
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Tabitha’s valid will provides as follows: "I leave my farm to my son Xavier and my wife Victoria. The residue of my estate goes to my brother, Bobby." Xavier, who has a son, Wim, repudiates his benefit. Thabitha is survived by Victoria, Xavier, Wim and Bobby. Who will inherit the farm?
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The pro forma certificate in Schedule 1 of the Wills Act 7 of 1953 makes provision for acknowledgment by the certifying officer of the following:
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Which of the following benefits are subject to collation?
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Tabitha married Gilbert in community of property in 1990. In 1996, they made a mutual will in which they left their house to their only two children, John and Mimi, and appointed each other as the heir to the residue of the estate of the first deceased.In March 2023 Tabitha and Gilbert were divorced. In April 2023 Tabitha married Sam. Two days after the wedding, Tabitha was killed in a car crash. She had never changed her will. How will the residue of Tabitha’s estate devolve?
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