Oct-01 Que

LEGAL PRACTITIONERS EXAMINATION ADMINISTRATION OF ESTATES. October 2001

time 90 minutes

Marks 100

Question 1

38

Your client Tom Saunders died intestate and left the following family: a His wife Addie married in community of property b His major son Brian c His daughter Cathy married in community of property d His daughter Doreen married out of community of property e His minor Grand-son son of predeceased son Frank. f His minor adopted grandson George son of predeceased son Frank g His minor grand-daughter Hester daughter of predeceased son Frank who was adopted by Brian. The balance for distribution amounted to cash of $500 000.00 Using the above and your own facts where necessary, draw up the distribution account. Question 2

12

List the facts that according to Regulation 5(1)(c) must be stated in a “Liquidation Account”. Question 3 A/ B/ C/

20

Name 5 (five) states referred to in section 21 of the Estates Act. (5) List the documents necessary to obtain an “appointment” in terms of section 21 where the deceased left a will. The deceased owned fixed property in Namibia. (12) How must foreign estates that do not fall to be dealt with in terms of section 21 be dealt with? (3)

Question 4

18

Using your own facts, draw up an application in terms of section 38 where one of the heirs is a minor grand-son of the deceased. Question 5 A/ B/

12

In terms of section 23(2), which Executors are exempted from furnishing security. (10) Which executors, although exempted in terns of this section, could be called upon to furnish security? (2)

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