Oct 95 Que

QUESTION 1 John Smith, who was seriously sick in hospital and not expected to live, drew up a joint will for himself and his wife, Mary to whom he was married in community of property. In terms of this will, the survivor together with his/her children/step-children Joan, Peter, Joseph and Ruth are appointed as heirs of the first dying in equal shares. The will was witnessed by Carol Peters and Kevin Jackson. While returning from visiting her husband, she is involved in an accident, caused by the negligence of her son Peter and is killed together with her son. She leaves the following family: a/ b/ c/ d/ e/ f/

her husband John, her daughter Joan Jackson married out of community of property to Kevin Jackson. her step-son Joseph, born from her husband's previous marriage, Timothy Smith, son of Peter Smith, Gerald Tasmer son born from her previous marriage, daughter Ruth Jacobs married in community of property to Henry Jacobs.

The gross value of her estate which was reduced to cash amounts to $160 000 The liabilities are as follows: Funeral expenses $4 000 Other liabilities and administration expenses, including Master's fees and executors remuneration A

Calculate Master's fees and executor's remuneration.

B

Draw up the Distribution Account of her estate.

$32 000

QUESTION 2 In terms of the laws of a certain country, it is permissable to execute a valid will by recording the provisions on video tape. While working in that country, Henry Jones, a Namibian citizen, executed such a will. On his death this will was accepted by the authorities of that country. Discuss the validity of this will in respect of his Namibian estate.

QUESTION 3 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. A

Who will the Master appoint?

B

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

C

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.

D

You are unable to lodge the account on due date.

E

i/

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

ii/

When must this application be made.

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