Oct- 2001 Ans

ANSWERS LEGAL PRACTITIONERS EXAMINATION OCTOBER 2001 Question 1 DISTRIBUTION ACCOUNT Balance for distribution To Addie Saunders surviving Spouse ½ by virtue of marriage I.C.O.P. 1/10 i.t.o laws of intestate succession Award consists of cash To Brian Saunders major. 1/10 intestate Award consists of cash To Cathy Jones married in Community of property to Peter Jones 1/10 intestate Award consists of cash To Doreen Peters , married out of Community of property 1/10 intestate Award consists of cash To George Saunders minor born ………. i.d. no ……………………. 1/20 intestate Award consists of cash ToHester Saunders minor born ………. i.d. no ……………………. 1/20 intestate Award consists of cash

500 000 250 000 50 000

300 000

50 000

50 000

50 000

25 000

25 000 500 000

000

500

Question 2 1 2 3 4 5 6 7 8 9

Title deed description of fixed property Movable property Voucher number Value of each asset Divestment note Total of assets Administration costs Name of each creditor and amount of claim Balance for distribution

Question 3 Botswana British Guinea British Columbia Channel Islands Eire Great Britain and Northern Ireland Kenya Lesotho Malawi New South Wales New Zealand R.S.A. Swaziland Tanzania Victoria Zambia Zimbabwe

3(b)

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

3©

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

Question 4 Estate Late ……………………… No ………… Affidavit in terms of section 38 I the undersigned ………………….. widow, hereby make oath and say that I am the surviving spouse of the late …………… to whom I had been married in/out of community of property In the best of my knowledge and belief the estate assets and liabilities consist of the following: Assets ……………………………. …………………………… liabilities ………………………….. ………………………….. I hereby request your consent to the taking over of the following assets in terms of section 38 ……………………………. …………………………….. the reason for the taking over is that assets which form part of the residue …………………… ……………………………… the beneficiaries in terms of the last will and testament of the deceased are …………………… ……………………. The taking over will not be to the minor’s disadvantage as his inheritance will be paid into the guardians fund I will pay sufficient cash into the estate so that all liabilities and the cash awards to the heirs will be paid in full I have no intention of selling the assets in the near future …………………………… signed and sworn before me ………………………..

Question 5 (a) 1 the parent, child or surviving spouse 2 an executor nominated in a will dated prior to October 1013 and was not directed to furnish security 3 nominated in a will dated after 1913 and exempted from security 4 the court directs otherwise Question 5(b) an executor who is insolvent or who is resident outside Namibia