Jun-96 Ans

ANSWERS TO LEGAL PRACTITIONER'S QUALIFYING EXAMINATION ADMINISTRATION OF ESTATES JUNE 1996 ---------------------------------------------------------1.1

A 1/3 or 250 000 W 1/3 or 250 000 unborn child 1/3 or 250 000

1.2

H C D

1.3

yes

1.4

Survivor will keep her estate, benefit from the deceased.

1/2 1/4 1/4

60 000 30 000 30.000

will

not

receive

any

The deceased's estate will devolve on the other heirs who will receive less than they would have received if the survivor had adiated. 1.5

We hereby mass our separate estates. We bequeath our joint estate in equal shares to our respective children and/ or grandchildren per stirpes, including any adopted children or grandchildren who have been or may be adopted by ourselves or our children, subject to the lifelong usufruct of the survivor of us. As it is by law not possible for our farm property to be transferred to our heirs in undivided portions, our heirs must decide among themselves who shall inherit the farm subject to the payment into our estate of a sufficient sum of money in order to equalise the awards to the other beneficiaries. This sum of money shall be payable on the death of the survivor of us free of interest.

2.1

A soldiers will made by any person while on active service with any armed force of Namibia or any other country allied to Namibia.

2.2

The will must be in writing but need not be signed or witnessed.

2.3

This will is only valid if the testator dies while on active service or within one year after ceasing to be on active service.

3.1

A surviving spouse 12 of 1946. An adopted child 33 of 1960.

3.2

Intestate succession ordinance no Section 74 of the Children's Act no

In the case of Dempers v The Master which is a Namibian decision overrules any decision made in any other court. In terms of this decision, initials of a witness do not comply with the provisions of the Wills Act.

4. Distribution Account. Balance for distribution 000 To John Smith Major Special bequest 1/4 Residue i.t.o. will 1/20 intestate

1

500 000 75 000 15 000

590 000

300 000 75 000 15 000

390 000

200 000 75 000 15 000

290 000

Award consists of: Fixed property 500 000 Cash 90 000 590 000 To Joan Lloyd married in community of property to Dennis Lloyd Special bequest 1/4 Residue i.t.o. will 1/20 intestate Award consists of: Cash

390 000

To Peter Smith Major Special bequest 1/4 residue i.t.o. will 1/20 intestate Award consists of: Fixed property 200 000 Cash 90 000 290 000

300

TO ....... Smith Minor born ......... 1/20 intestate Award consists of: Cash 15 000

15 000

To Andrew Smith Minor (born 18/10/1989) 1/20 intestate Award consists of: Cash 15 000

15 000 1 300 000 1

000

300

INCOME DISTRIBUTION ACCOUNT. Balance for distribution To John Smith Rent from property Less Rates 6/20 of residue

58 000 10 000 2 000

To Joan Lloyd Interest on savings 36 000 6/20 of residue 6 000

8 000 6 000 14 000

36 000

To Peter Smith 6/20 of residue

6 000

To ..... Smith 1/20 of residue

1 000

To Andrew Smith 1/20 of residue

5.

Master's fee 5.1 5.2 5.3 5.4 5.5

nil 6 30 582 600

1 000 58 000

58 000

Executor's fee + G.S.T 100 + 11 100 + 11 299.98 + 33 4 875 + 536.25 6250 + 687.50