Jun-97 Que

LEGAL PRACTITIONERS QUALIFICATION EXAMINATION. 1997

JUNE

TIME: 90 MINS 100

MARKS:

QUESTION 1

[38]

Mr and Mrs Jones, who are married to each other out of community of property, instruct you to draw a joint will in which they leave the estate of the first-dying to the survivor of them. In the event of their simultaneous death, they leave their estates in trust for the benefit of their minor children. The survivor is to be the executor in the estate of the first-dying. You (a legal practitioner) are to be the trustee and also the executor in the event of simultaneous death. Draw the joint will, omitting the causes relating to the powers of the Administrator.

QUESTION 2

[48]

Your client dies intestate and his widow approaches you to administer the estate consisting of" Farm property worth Movables worth Policies and cash of

$250 000 $ 50 000 $100 000

The deceased had left a son and two minor grand-children, children of his predeceased daughter. The widow wishes you to be appointed as executor but the son wants to be appointed himself. 2.1

Who will the Master appoint?

2.2

List the documents that you will lodge with the Master to enable him to appoint an executor. (6)

2.3

Discuss briefly the steps to be taken by the executor in the administration of the estate until the estate is finalised, stating in particular the time fixed by the act for the various duties. (12)

2.4

You are unable to lodge the account on due date. i/

(1)

Draw up your application for an extension of two months. Supply your own facts as necessary.

ii/

When must this application be made.

(10)

2.5

The widow wishes to take over the assets in terms of section 38. Draw up the affidavit to be signed by her. (17)

2.6

The widow wishes to secure the minors portion by means of a mortgage bond. Advise her in this regard. (2)

QUESTION 3

[14]

A will provides: "I leave my estate to my grandchildren". At the time of making a will the testator had 3 grandchildren: A, B and C. A, however died before the testator. 3.1

How will the testator's estate devolve?

3.2

Would your answer differ if the will had provided as follows: "I leave me estate to my grandchildren in equal shares"?

3.3

(4)

(5)

What would be the position if the deceased's one son had adopted a child D? (5)