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Xander, a widower, made the following provision in his will:
'I leave my farm to my son, Sean.’
Xander had two sons, Sean and Bongani. Sean had two daughters, Dina and Grace. Bongani did not have any children. At the time of Xander’s death, Sean repudiated the legacy of the farm. Choose the correct position:
Tom married Jonathan in terms of the Civil Union Act 17 of 2006 on 29 December 2016. Tom died on 10 October 2020 and left a valid will that he had made on 7 February 2017. This will provides as follows:
“I leave my entire estate to my ex-girlfriend, Sadie. To Jonathan, who cheated on me, I leave nothing.”
Jonathan’s position will be as follows:
What are the
consequences if trustees fail to follow basic principles of trust
administration and cause damage to third parties?
King v De Jager
2021 (4) SA 1 (CC) it was held that:In 1968, Thembeka left her property on the outskirts of Paardeberg to her son, Xavier, with a restriction that only two dwellings may be built on the property. This restriction was registered against the title deed of the property when it was transferred to Xavier. In 2023, a developer approached Xavier and proposed building at least 30 townhouses on the property valued at R60 000 000. In terms of the Immovable Property (Removal or Modification of Restrictions) Act 94 of 1965, Xavier can approach the High Court to remove the restriction imposed by the testator on the property. If the court grants the order, it will have to …
Which one of the following statements is the correct version of the court’s decision in Ex parte Graham 1963 (4) SA 145 (D)?
Zola was a successful business woman who owned a house and several other assets. She was married to Xander, who is currently unemployed. They had two daughters, Beyoncé and Chiara. Zola 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. The Trust Company drew up a will for her and asked her to come to the office to sign the document. She duly did so but by this time she was quite weak and could only manage her initials in the presence of two witnesses, who also signed the document in her presence. After this visit to the trust company, her health deteriorated suddenly, and she died a week later.
The legal position is as follows:
In which of the following circumstances will the will be invalid?