Nov 05

ESTATE LATE JOHN SMITH ESTATE NO ......../05 AFFIDAVIT IN TERMS OF SECTION 38 OF Act 66 OF 1965 I, the undersigned, Sara Thomas (born Jones),widow, hereby make oath and say that I an the surviving spouse of the late Peter Thomas to whom I had been married out of community of property. To the best of my knowledge and belief the Estate Assets and Liabilities consist of the following: ASSETS 1. 2

Farm Witvlei in the district of Gobabis Mercedes 230SE

N$1 000 000.00 N$ 100 000.00

LIABILITIES 1 Claims against the estate 3 Administration expenses

…………… ……………..

I hereby request your consent to the taking over of the following assets in terms of section 38 of the Act; 1. Farm Witvlei in the district of Gobabis N$1 000 000.00 2 Mecedes 230SE N$ 100 000.00 The reason for the taking over is that these assets, which form part of the residue, can not be transferred to the residuary heirs, two of whom are still minors. I shall pay sufficient funds into the estate to pay all liabilities . The beneficiaries in terms of the Last Will and Testament of the deceased and the laws of intestate succession are my son Andrew Thomas, my daughter Betty Thomas, and my grandchildren, David Thomas (born ……….) and Edward Thomas (born ……..). The taking over will not be to the minor's disadvantage as their inheritances will be paid into the Guardians Fund. I will pay sufficient cash into the estate so that all the liabilities and the cash portions of the heirs will be paid in full. I have no intention of selling the assets in the near future. ..........................…………...... Sara Thomas Signed and sworn before me in Windhoek, this ...............day .......... of .......... 2005....... ............................... Commissioner of Oaths

Question 1.2 DISTRIBUTION ACCOUNT Balance for distribution To Andrew Thomas Major 1/3 in terms of the will

1 500 000 500 000

Award consists of Cash To Betty Thomas Major 1/3 in terms of the will Award consists of Cash

500 000

To David Thomas Minor born ………. Id …………… 1/6 i.t.o.section 115bis

250 000

To Edward Thomas Minor born ………. Id …………… 1/6 i.t.o.section 115bis

250 000 1 500 000

1 500 000

Question 1.3 FIDUCIARY ASSET ACCOUNT Proceeds of 2/3 share in Certain piece of land ……………….. Masters Fees Executors commission 21 000 Vat 3 150 (24 150) Balance for distribution

600 000 857 (14) 24 150 574 992.86 600 000

600 000

Distribution Balance for distribution To Andrew Thomas Major 1/2 in terms of the will Award consists of Cash To Betty Thomas Major 1/2 in terms of the will Award consists of Cash

Question 2.1 Botswana Channel Islands Kenya New South Wales Swaziland Zambia

British Guinea Eire Lesotho New Zealand Tanzania Zimbabwe

574.992.86 287 496.43

287 496.43 574.992.86

574.992.86

British Columbia Great Britain and Northern Ireland Malawi R.S.A. Victoria

2.2

Death notice death certificate Authenticated copy of the will Inventory of the Namibian assets 2 authenticated copies of the letters of executorship issued by the authorities of the State. Bond of security Power of attorney in favour of a Namibian agent Domicilium address in Namibia of the Executor

2.3

These estates will be dealt with in the same way as an estate of a person resident in Namibia

3.1.1 3.1.2 3.1.3 3.1.4 3.1.5 3.1.6 3.1.7

Estates of persons who did not leave any will or assets. The survivor ,a family member or the person in charge of the premises where the deceased died. Executors who are not the surviving spouse, a child or parent or an executor testamentary who is exempted in the will If the executor is resident outside Namibia or is an unrehabilitated insolvent. When the executor has given security, when there are further assets or if no section 9 inventory has been lodged Why account cannot be lodged, what progress has been made, what has been done to finalised the matter, what cash is on hand and whether the estate is solvent Income collected, subsequent to death . expenses paid voucher no balance for distribution To whom it was awarded if no income this must be stated

3.2 Award to co-heirs if Jus Accrescendi applicable Award to intestate heirs of deceased if Jus Accrescendi is NOT applicable If deceased heir was child of testator, award to his issue i.t.o.section 115bis.