Jun-95 Que

JUNE 1995 1.

ESTATES

John Jones, who as a result of an accident is unable to write, asks you to draw up his will. He wants his brother necessary powers.

Peter

Jones

to

be

his

executor

with

all

He wants to make the following special bequests: His farm Waterfall to his son William. His motor vehicles and cash of $50 000.00 to Jennifer Smith.

his daughter

The residue to his wife Paulina to whom he was married in community of property. He wants to protect his beneficiaries against claims from their spouses married in community of property and to provide for the possibility of them predeceasing or dying simultaneously with himself. a)

Draw the will to provide for the above showing all necessary signatures etc. Your own facts may be supplied if necessary.

b)

If this will is contained on more than one page, whose signatures must appear on the previous pages? Where must these signatures appear?

c)

Some time after the above will was executed, your client approached you to alter the cash bequest to Jennifer to $100 000.00. Without redrawing the will or making a codicil, do the necessary alterations to the will in question 1(a).

d)

Can the witness and testator only initial the first pages of a will? State your authority for your answer.

2.

The relevant portion of the will of John Smith dated 24/06/1990 reads as follows: " 1. I bequeath my house situated in Klein-Windhoek to my children. 2. I bequeath my Ford sedan no N 52237 W to my daughter Joan. 3. I bequeath the residue of my estate in equal shares to: a, my wife Elizabeth, b, my brother Peter, c, my daughter Joan, d, my son Vernon, e, my step-son David." The deceased left the following family: a, his wife Elizabeth to whom he was married out of community of property. b, his daughter Joan, c, an adopted daughter Mary, adopted on 14/12/1992, d, Joseph, son of predeceased son Vernon, e, Andrew, adopted son of predeceased son Vernon, f, David his step-son, g, Peter his brother. The deceased left the following assets:

a, Fixed property in Klein Windhoek b, Ford station waggon N 52337 W c, Cash

$200 000.00 $ 40 000.00 $360 000.00

Ignoring liabilities and other costs, distribute the estate between the heirs. Show each award separately. Your answer can be worded as in the following example: "Joan - motor car - $40 000.00

i.t.o. will"

3.

X who made no will is killed in a motor accident due to the negligence of his half brother B, (the son of X's predeceased mother M) B was killed simultaneously with X. X leaves the following relatives: W X's wife married in community of property, E B's son C and D X's 1/2 nephews, children of his deceased half sister, daughter of X's mother, A X's adopted 1/2 brother on mother's side, G X's paternal grandmother, H Great grandchild of G and G's predeceased husband, J and K H's uncle and aunt . J and K are brother and sister. Balance for distribution is $124 000.00.

a/

Divide the estate giving reasons.

b/

Assume that X leaves a surviving half brother P on mother side as well as the relatives mentioned above.

c/

Assume that relatives.

d/

Assume that X leaves three children T, Y and Z as well as the above.

X

leaves

his

mother

M

as

well

as

P

and

the

other