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    Mar 06

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    André Le Roux
    John Smith died intestate, leaving various assets including a farm, movables, shares, and cash. He is survived by his wife June, brother Peter, minor nephew Paul, minor adopted niece Sylvia, half sister Ruth. The questions ask how to distribute the estate according to intestate succession, draw up the liabilities and distribution accounts, and how the shares of the minors will be dealt with. It also asks about the documents needed to appoint an executor for an estate with assets in Namibia when the deceased was resident in Germany. Finally, it asks about the rights and responsibilities of a surviving spouse who accepts or repudiates a massing condition in the deceased's will,

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    Mar 06

    Uploaded by

    André Le Roux
    49 views1 page
    John Smith died intestate, leaving various assets including a farm, movables, shares, and cash. He is survived by his wife June, brother Peter, minor nephew Paul, minor adopted niece Sylvia, half sister Ruth. The questions ask how to distribute the estate according to intestate succession, draw up the liabilities and distribution accounts, and how the shares of the minors will be dealt with. It also asks about the documents needed to appoint an executor for an estate with assets in Namibia when the deceased was resident in Germany. Finally, it asks about the rights and responsibilities of a surviving spouse who accepts or repudiates a massing condition in the deceased's will,

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    mar 06

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    John Smith died intestate, leaving various assets including a farm, movables, shares, and cash. He is survived by his wife June, brother Peter, minor nephew Paul, minor adopted niece Sylvia, half sister Ruth. The questions ask how to distribute the estate according to intestate succession, draw up the liabilities and distribution accounts, and how the shares of the minors will be dealt with. It also asks about the documents needed to appoint an executor for an estate with assets in Namibia when the deceased was resident in Germany. Finally, it asks about the rights and responsibilities of a surviving spouse who accepts or repudiates a massing condition in the deceased's will,

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    49 views1 page

    Mar 06

    Uploaded by

    André Le Roux
    John Smith died intestate, leaving various assets including a farm, movables, shares, and cash. He is survived by his wife June, brother Peter, minor nephew Paul, minor adopted niece Sylvia, half sister Ruth. The questions ask how to distribute the estate according to intestate succession, draw up the liabilities and distribution accounts, and how the shares of the minors will be dealt with. It also asks about the documents needed to appoint an executor for an estate with assets in Namibia when the deceased was resident in Germany. Finally, it asks about the rights and responsibilities of a surviving spouse who accepts or repudiates a massing condition in the deceased's will,

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    of 1

    LEGAL PRACTITIONER’S EXAMINATION

    MARCH 2006 TIME 90 MINUTES MARKS 100

    Question 1. 60

    John Smith died intestate and left the following assets:

    Farm valued at $1 800 000,


    Movables of $250 000
    Shares and other investments of 400 000
    Cash of $180 000

    Liabilities including administration costs amounted to $130 000

    He left the following family:


    Wife June married in of community of property,
    Brother Peter,
    Minor nephew Paul, son of predeceased sister Ester.
    Minor adopted niece, Sylvia, daughter of predeceased sister Ester.
    Half sister Ruth married in community of property
    Using the above and your own facts where necessary

    1a/ Draw up a redistribution agreement entered into by the parties. Each heir must receive the
    same value that they would have received if the assets could have been distributed in speci.
    [20]

    1b/Draw up the liabilities section and the distribution account of the deceased. [37]

    1c/ How will the share of the minor(s) be dealt with? [3]

    QUESTION 2 20

    Kurt Schmidt who was resident in Germany, left assets including fixed property in Namibia. His
    brother, Jürgen, who resides in Germany, was appointed in a handwritten will to administer his estate.

    2a/ List the documents and/or requirements that must be lodged with the Master to have Jürgen
    appointed as executor of the Namibian estate. [12]

    2b/ Under what circumstances can the provisions of Section 25 of the Estates Act be invoked
    [3]
    2c/ Name 5(five) “States” whose appointments of executors can be “signed and sealed” by the
    Master. [5]

    QUESTION 3 20

    3a Your client and her late husband’s will created a massing


    Advise her as to rights and responsibilities if she;-
    i/ accepts the conditions of the will,
    ii/ repudiates the will. [4]

    3b/ Under what circumstances can an adiation or repudiation be withdrawn? [4]

    3b/ Draw up an adiation certificate using your own facts. [12]

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