PVL2602/101/3/2021

Tutorial Letter 101/3/2021

Law of Succession
PVL2602

Semesters 1 and 2

Department of Private Law

This tutorial letter contains important information

about your module.

BARCODE
 CONTENTS

Page

1 INTRODUCTION ................................................................................................................. 4
2 PURPOSE AND OUTCOMES............................................................................................. 5
2.1 Purpose ............................................................................................................................... 5
2.2 Outcomes ............................................................................................................................ 5
3 LECTURERS AND CONTACT DETAILS ........................................................................... 6
3.1 Lecturers ............................................................................................................................. 6
3.2 Department ......................................................................................................................... 7
3.3 University ............................................................................................................................ 7
4 RESOURCES ..................................................................................................................... 8
4.1 Study guide ......................................................................................................................... 8
4.2 Tutorial Letters .................................................................................................................... 8
4.3 Prescribed books................................................................................................................. 9
4.4 Prescribed cases ............................................................................................................... 10
4.5 Recommended books........................................................................................................ 13
4.6 Electronic reserves (e-reserves) ........................................................................................ 13
4.7 Library services and resources information ....................................................................... 13
5 STUDENT SUPPORT SERVICES .................................................................................... 14
5.1 General ............................................................................................................................. 14
5.2 myUnisa and myLife email account ................................................................................... 14
5.3 E-tutor system ................................................................................................................... 14
6 STUDY PLAN ................................................................................................................... 15
7 PRACTICAL WORK ......................................................................................................... 15
8 ASSESSMENT.................................................................................................................. 15
8.1 Assessment plan ............................................................................................................... 15
8.2 General information regarding assignments ...................................................................... 17
8.3 Assignment numbers ......................................................................................................... 17
8.3.1 General assignment numbers............................................................................................ 17
8.3.2 Unique assignment numbers ............................................................................................. 17
8.4 Assignment due dates ....................................................................................................... 18
8.5 Submission of assignments ............................................................................................... 18
8.6 Resubmission of assignments ........................................................................................... 20
9 THE ASSIGNMENTS ........................................................................................................ 21
9.1 Assignments for semester 01 ............................................................................................ 21
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9.2 Assignments for semester 02 ............................................................................................ 28

9.3 Other assessment methods: Self-evaluation ..................................................................... 35
9.3.1 How to do the self-evaluation assignment ......................................................................... 35
9.3.2 Self-evaluation assignment................................................................................................ 36
9.3.3 Feedback on self-evaluation assignment ........................................................................... 38
10 THE EXAMINATION ......................................................................................................... 43
10.1 Examination admission...................................................................................................... 43
10.2 Examination duration and marks ....................................................................................... 43
10.3 Examination period ............................................................................................................ 43
10.4 The required subminimum for the examination .................................................................. 43
10.5 Supplementary examinations and aegrotat examinations .................................................. 44
10.6 What to study for the examination ..................................................................................... 44
10.7 Previous examination papers ............................................................................................ 44
11 FREQUENTLY ASKED QUESTIONS ............................................................................... 45
12 IN CLOSING ..................................................................................................................... 45

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Dear Student
As part of this tutorial letter, we wish to inform you that Unisa has implemented a
transformation charter based on five pillars and eight dimensions. In response to this charter,
we have also placed curriculum transformation high on the agenda. For your information,
curriculum transformation includes the following pillars: student-centred scholarship, the
pedagogical renewal of teaching and assessment practices, the scholarship of teaching and
learning, and the infusion of African epistemologies and philosophies. These pillars and their
principles will be integrated at both the programme and module levels, as a phased-in
approach. You will notice the implementation thereof in your modules, and we encourage
you to fully embrace these changes during your studies at Unisa.

1 INTRODUCTION
We have pleasure in welcoming you to this module in which you will study the South African
Law of Succession. We hope that you will find it interesting and rewarding. We will do our
best to help you to study this module successfully. You will be well on your way to success
if you start studying early in the semester and resolve to do the assignments properly.

You will receive a number of tutorial letters during the year. A tutorial letter is our way of
communicating with you about teaching, learning and assessment. Right from the start,
we would like to point out that you must read all the tutorial letters you receive during the
semester immediately and carefully – the information they contain is always important and
sometimes it is urgent.
Please also keep an eye on any e-mailed announcements or discussions on myUnisa as
we will be communicating any important new information that is time-sensitive through those
channels. All registered Unisa students get a free myLife e-mail account. You must activate
this account as soon as possible since important information, notices and updates are sent
exclusively to this account (see below for more information).
Please read Tutorial Letter 301, in combination with this tutorial letter (Tutorial Letter 101)
as it gives you generally important information when studying at a distance within Unisa’s
College of Law.

Tutorial Letter 101 contains important information concerning this module. We urge you to
read it carefully and to keep it at hand when working through the study material, preparing
the assignments, preparing for the examination and addressing questions to your lecturers.

The tutorial letter contains particulars about the assignments for both semesters and
instructions on the preparation and submission of the assignments. It also provides all the
information you need about the prescribed study material and how to obtain it. Please
study this information carefully and make sure that you obtain the prescribed material as
soon as possible.

Finally, we include certain general and administrative information about this module. Please
study this section of the tutorial letter carefully.

Please note that important information regarding your studies at Unisa can be found on
the Study @ Unisa website. This website is available on myUnisa:
www.unisa.ac.za/brochures/studies.
This website has all the tips and information you need to succeed at Unisa.

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We hope that you will enjoy this module and wish you all the best!

2 PURPOSE AND OUTCOMES

2.1 Purpose
The purpose of the module is to equip students with basic knowledge, competencies and
skills to recognise the role of law of succession in everyday life and to solve the most
pressing and prevalent issues that occur in the law of succession within the South African
context. It is also to equip students with knowledge, skills, and competencies to analyse and
critically evaluate legal material (such as the Constitution, legislation, case law and
academic opinion) relating to the law of succession in order to formulate legal arguments
and to apply their knowledge to practical problems.

2.2 Outcomes
We discuss the learning outcomes for this module in more detail in the study guide but in
short, the outcomes are the following:
• Recognising the role of law of succession in everyday life
• Knowledge of definitions in law of succession
• Succession in practical context
• Solving law of succession problems
• Engaging with legal texts relating to law of succession
• Having the academic knowledge and skills to enter a career in law
Having mastered this module, you should have developed a clear knowledge and
understanding of the law of succession and the skills to apply your theoretical knowledge to
practice in the context of problem situations in your day-to-day work environment. You will
be required to demonstrate that you can interpret legal documents in respect of the law of
succession and advise and represent parties in legal proceedings on matters relating to the
law of succession.

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3 LECTURERS AND CONTACT DETAILS
3.1 Lecturers
The lecturers responsible for this module are as follows:
Mr PO Matsemela
Telephone number 012 429-8392
E-mail [email protected]
Office Cas van Vuuren 6-30

Prof J Jamneck
Telephone number 012 429-8506
E-mail [email protected]
Office Cas van Vuuren 6-51

Prof A Roos
Telephone number 012 429-8422
E-mail [email protected]
Office Cas van Vuuren 6-02

Ms B Maboki
Telephone number 012 429 6631
E-mail [email protected]
Office Cas van Vuuren 6-21

You should direct all queries that are not of a purely administrative nature but are about the
contents of this module, to your e-tutor or your lecturer. You may contact your lecturer
by telephone, e-mail or on myUnisa. Please note that lecturers cannot assist with
administrative queries such as examination dates and centres, aegrotat or sick examinations
or registration problems.

E-mail

You may send your queries to us via e-mail. Remember, however, that it is easier to ask
questions telephonically if you do not understand something and it is quicker to phone than
sending an e-mail. If, however, you do send an e-mail, remember that we can only answer
a question if we can understand it. Write in proper language and do not use sms
abbreviations. Be clear about the topic that you do not understand and do not ask
general questions without a particular topic.

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You may use either our personal e-mail addresses supplied above or the e-mail link (course
contact) provided on the myUnisa website at http://my.unisa.ac.za.

Personal visits

You are welcome to visit us in person to discuss any queries about or problems with the
module. Please make an appointment beforehand, otherwise you run the risk of the
lecturers not being available to see you.

3.2 Department
Physical location: Cas van Vuuren building 6th floor
Departmental secretary: Cas van Vuuren 6-45
Contact number: 012-429 8418
The Department of Private Law is part of the College of Law.

College of Law student enquiries

Linda Boyi (Supervisor) 012 429 4105 [email protected]

Other telephone numbers: 012 429 4718; 012 429 2178; 012 429 4860; 012 429 2176
Enquiries regarding admission and registration – email: [email protected]; tel: 012 441 5703
Always have your student number handy when you call the University.
3.3 University
If you need to contact the University administrative departments about matters not related
to the content of this module, please consult the Study @ Unisa website. This website is
available on myUnisa: www.unisa.ac.za/brochures/studies.
The Study @ Unisa brochure on this website contains information on how to contact the
University (e.g. to whom you may write for different queries, important telephone numbers
and e-mail addresses, sms numbers and details of the times certain facilities are open).
The brochure also contains very useful information about how to connect online, how to
organise your studies, the delivery options for your study pack, how to schedule your
semester and how to implement effective learning strategies. It also contains information
about the regional services hubs and centres, counselling services, library services and
many more. It explains how to obtain your examination results when you qualify for a
supplementary examination, how to apply for a remark and how to buy a copy of your
examination script. You will also find Unisa’s student policies and rules on the website.
YOUR LECTURERS CANNOT ASSIST YOU WITH QUERIES ABOUT THE ABOVE
MATTERS. IT IS THEREFORE IMPORTANT TO VISIT THIS WEBSITE AND FAMILIARISE
YOURSELF WITH THE INFORMATION ON IT.

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Physical address: Postal address:
University of South Africa University of South Africa
Preller Street PO Box 392
Muckleneuk UNISA
PRETORIA 0003

4 RESOURCES
4.1 Study guide
You will receive one study guide for this module. It is a so-called “wrap-around” study guide
that guides you through the prescribed textbook. Please note that it does NOT replace
the textbook and cannot be used on its own to study the content of the module. The study
guide is also available online on the webpage of the Law of Succession on myUnisa.

4.2 Tutorial Letters

Apart from Tutorial Letter 101 and 301, you will also receive Tutorial Letter 201 containing
comments on the assignments and providing information on the format of the
examination. Tutorial Letter 201 will not be available at the time of registration but will be
sent or made available online to you after the due dates for both assignments have passed.
Tutorial letters will be dispatched or made available online to students as soon as they are
available. (However, if you are repeating the module because you qualified for a
supplementary examination, you will not receive new study material and must contact your
lecturers and ask that they email the newest tutorial letters to you.) You may also download
tutorial letters electronically from the webpage of the Law of Succession on myUnisa as
soon as they are available.
Remember that tutorial letters are part of your study material for assignment and
examination purposes. They are at least as important as the textbook itself. Read each
tutorial letter, study it and keep it for reference purposes.

The e-mail address for enquiries relating to hard copies of your tutorial matter is
[email protected]. The relevant telephone numbers can be found on the Unisa online
website (https://www.unisa.ac.za/sites/corporate/default/Contact-us/Student-enquiries). We
strongly recommend that you rather make use of the copies on myUnisa, but if you do wish
to use hard copies, please contact the Department of Despatch. Please do not contact your
lecturers with queries in this regard as they cannot help you.

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4.3 Prescribed books

The prescribed book for this module is:

Jamneck, Rautenbach, Paleker, Van der Linde, Wood-Bodley The Law of
Succession in South Africa 3rd ed (2017) Oxford University Press Cape Town

You must purchase the textbook and study it in conjunction with your wrap around study
guide.

Where to buy the prescribed book

You must purchase the prescribed textbook by Jamneck, Rautenbach et al from a

bookseller or online. Find the approved Unisa booksellers at
https://www.unisa.ac.za/sites/myunisa/default/Books/Official-Booksellers.

The prescribed textbook is also available online and in electronic format and can be ordered
from websites such as Takealot or Loot or directly from the publishers (Oxford University
Press).

Please note that only the third edition of the textbook should be purchased.

Buy the prescribed textbook as soon as possible to ensure that you receive it in enough time
to complete Assignment 01. It is imperative that you obtain the textbook as you will not obtain
satisfactory results in the assignments or the examination without the textbook.

Interaction between the “wrap-around” study guide and the prescribed textbook

 The textbook contains all the information that you have to study.
 The study guide indicates which sections in the textbook you have to study.
If you do not study these sections thoroughly and do not have a detailed knowledge
of them, you will not pass the examination.

The study guide refers you to a casebook (Cronjé DSP & Roos A
Erfregvonnisbundel/Casebook on the Law of Succession 4th ed (2002) Unisa Pretoria.)
Please note that the casebook is no longer prescribed. Most of the cases that were
previously prescribed from the casebook are discussed in the prescribed textbook. The full
version of these cases can be found in the library or online at saflii.org. (The Southern
African Legal Information Institute [SAFLII] is an online repository of legal information from
South Africa.)
If you do wish to buy the casebook, you can buy it from Unisa Press (unisa-
[email protected]).

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4.4 Prescribed cases
It is COMPULSORY that you study the cases listed below. These cases must be studied
in conjunction with the textbook. This will help you to gain greater insight into the relevant
principles and their application. You will not be able to do some of the questions in the
assignments or the examination without studying the cases.

The majority of the prescribed cases are discussed in the prescribed textbook. A few are
discussed in the study guide. You must study these cases to the extent that they are
discussed in the textbook or study guide.

There are only a few cases that you must download from SAFLII and read in their
entirety. Direct questions can be asked on these cases. In other words, we may ask you to
discuss these cases. (Please refer to your Law of Persons module where it is explained
how you should read a case.)

In brief, when discussing a case, you must be able to do the following:

 give a very brief summary of the facts

Note that the facts of a case are not the most important aspect of the case. Students
often make the mistake of referring in detail to the facts of a case, while they count
one or two marks at most. You have to know the facts of a case only to be able to
recognise the principles of the case and apply them to a similar situation that you may
encounter (in the examination or in real life).

 explain the legal principles discussed in the case

This is the most important aspect when studying a decided case. Ensure that you
know the ratio of every decision as well as the legal principle for which the case
serves as authority. (Test your knowledge of the cases by determining whether you
can write a sentence on each starting with “This case serves as authority for the
statement that ...”)

 explain the decision reached by the court in the particular case

In whose favour did the court find? For example, if an applicant asked for a specific
order, did the court grant the order or not?

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List of prescribed cases

You must read the following cases in their entirety:

 Minister of Education v Syfrets Trust Ltd 2006 (4) SA 205 (C)

 Bekker v Naude 2003 (5) SA 173 (SCA)
 Van der Merwe v The Master 2010 (6) SA 544 (SCA)

You must study all the other cases prescribed in a specific study unit, in the
prescribed textbook or the study guide.

Learning unit 1
 Bhe v Magistrate, Khayelitsha (Commission For Gender Equality as Amicus Curiae);
Shibi v Sithole; South African Human Rights Commission v President of the Republic
of South Africa 2005 (1) SA 580 (CC)
 Ex parte Graham 1963 (4) SA 145 (D)
 Estate Orpen v Estate Atkinson 1966 (4) SA 589 (A)

Learning unit 2
 Hassam v Jacobs NO 2009 (5) SA 572 (CC) (see the study guide)
 Harris v Assumed Administrator Estate MacGregor 1987 (3) SA 563 (A)
 Bhe v Magistrate, Khayelitsha (Commission For Gender Equality as Amicus Curiae);
Shibi v Sithole; South African Human Rights Commission v President of the Republic
of South Africa 2005 (1) SA 580 (CC)
 Daniels v Campbell 2004 (5) SA 331 (CC)

Learning unit 3
 Spies v Smith 1957 (1) SA 539 (A)
 Kirsten v Bailey 1976 (4) SA 108 (C)

Learning unit 4
 Spies v Smith 1957 (1) SA 539 (A)
 Kirsten v Bailey 1976 (4) SA 108 (C)

Learning unit 5
 Back v Master of the Supreme Court [1996] 2 All SA 161 (C)
 Bekker v Naude 2003 (5) SA 173 (SCA) (read the entire case)
 Ex parte Williams: In re Williams Estate 2000 (4) SA 168 (T)
 Kidwell v The Master 1983 (1) SA 509 (E)
 Radley v Stopforth 1977 (2) SA 516 (A)

Learning unit 6
 Marais v The Master 1984 (4) SA 288 (D)
 Moses v Abinader 1951 (4) SA 537 (A)

Learning unit 7
 Harris v Assumed Administrator Estate MacGregor 1987 (3) SA 563 (A)
 Ex parte Steenkamp and Steenkamp 1952 (1) SA 744 (T)
 Gafin v Kavin 1980 (3) SA 1104 (W)
 L. Taylor v A.E. Pim (1903) 24 NLR 484
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  Casey v The Master 1992 (4) SA 505 (N)

Learning unit 8
 Minister of Education v Syfrets Trust Ltd 2006 (4) SA 205 (C)
 Levy v Schwartz 1948 (4) SA 930 (W)
 Ex parte Swanevelder 1949 (1) SA 733 (O)
 Barclays Bank DC & O v Anderson 1959 (2) SA 478 (T)
 Aronson v Estate Hart 1950 (1) SA 539 (A)
 Daniels v Campbell 2004 (5) SA 331 (CC)
 Hassam v Jacobs 2009 (5) SA 572 (CC)
 Volks v Robinson 2005 (5) SA 446 (CC)
 Braun v Blann and Botha 1984 (2) SA 850 (A)

Learning unit 9
 Greenberg v Estate Greenberg 1955 (3) SA 361 (A)
 Rhode v Stubbs 2005 (5) SA 104 (SCA) (see the study guide)

Learning unit 10
 Du Plessis v Strauss 1988 (2) SA 105 (A)
 Van Zyl v Van Zyl 1951 (3) SA 288 (A)
 Lello v Dales 1971 (2) SA 330 (A)

Learning unit 11
 Braun v Blann and Botha 1984 (2) SA 850 (A)
 Minister of Education v Syfrets Trust Ltd 2006 (4) SA 205 (C) (read the whole case)

Learning unit 12
 No prescribed cases

Learning unit 13
 Rens v Esselen 1957 (4) SA 8 (T)

Learning units 14 and 15

 No prescribed cases

We want to emphasise that direct questions may be set in the examination on the
prescribed cases that you must read in their entirety. You should be able to write notes
on the other cases to the extent that they are discussed in the textbook or the study guide.

Even if a direct question is not set on a case in an examination or assignment, you have
to refer to relevant prescribed case law in all your answers.

In the past, many students who did not pass the examination have admitted that they did
not really study the cases. Do not make the same mistake!

Cases not prescribed but discussed in the textbook

You should bear in mind that the cases which are not listed as prescribed, but which are
discussed in your textbook are also important and should not be ignored.
Decisions by our courts are very important as sources of authority. When a case dealing
with a certain principle is discussed in the textbook, we expect you to refer to such a case
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as authority when discussing that specific principle in the examination, even if such a case
is not one of your prescribed cases.

Method of reference to cases:

In the examination you need only give the name of the case (for example, Ex parte
Graham or the Bekker case) – you are not expected to know the date of publication, volume
number, etcetera. Note, however, that a general reference, such as “in the Master case” will
not be acceptable as there are thousands of cases to which the Master was a party! In your
assignments, however, you have to give the full reference to the cases.

4.5 Recommended books

There are no recommended books for this module.

4.6 Electronic reserves (e-reserves)

There are no electronic reserves for this module.

4.7 Library services and resources information

The Unisa Library offers a range of information services and resources:
 For detailed Library information, go to https://unisa.ac.za/library
 For research support and services (eg personal librarians and literature search
services), go to https://www.unisa.ac.za/sites/corporate/default/Library/Library-
services/Research-support
 The Library has created numerous Library guides: https://libguides.unisa.ac.za

Recommended guides:

 Request and download recommended material:

https://libguides.unisa.ac.za/request
 Postgraduate information services:
https://libguides.unisa.ac.za/request/postgrad
 Finding and using Library resources and tools:
https://libguides.unisa.ac.za/research-support
 Frequently asked questions about the Library:
https://libguides.unisa.ac.za/ask
 Services to students living with disabilities:
https://libguides.unisa.ac.za/disability
 Assistance with technical problems accessing the Unisa Library or resources:
https://libguides.unisa.ac.za/techsupport

You may also send an e-mail to [email protected] (please add your student number in
the subject line).

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5 STUDENT SUPPORT SERVICES
5.1 General
The Study @ Unisa website and the Study @ Unisa brochure on this website have all the
tips and information you need to succeed at Unisa and is available on myUnisa at
http://www.unisa.ac.za/brochures/studies".
The Study @ Unisa website contains useful information about the regional services hubs
and centres, counselling services and academic literacy services offered by Unisa.
5.2 myUnisa and myLife email account
The myUnisa learner management system is Unisa's virtual campus that will help students
to communicate with their lecturers, with other students and with the administrative
departments of Unisa – all through the internet. It is the University’s most important study
tool. It is how you will communicate with Unisa and how Unisa will communicate with you.
To go to the myUnisa website, start at the main Unisa website, http://www.unisa.ac.za, and
then click on the “Login to myUnisa” link on the right-hand side of the screen. This should
take you to the myUnisa website. You can also go there directly by typing in
https://my.unisa.ac.za.
Registered Unisa students all get a free myLife e-mail account. Important information,
notices and updates are sent exclusively to this account. You must use only this email
address when you communicate with us and the rest of Unisa.
Consult the Study @ Unisa website (www.unisa.ac.za/brochures/studies) for more
information on myUnisa and your myLife email account.

5.3 E-tutor system

Unisa offers online tutorials (e-tutoring) to students registered for certain modules at NQF
levels 5, 6 and 7. This means that certain qualifying first year, second year and third year
modules are affected. You will be informed on myUnisa whether e-tutors will be appointed
for Law of Succession this semester. If so, you will be allocated to a group of students with
whom you will be interacting during the tuition period as well as an e-tutor who will be your
tutorial facilitator. Thereafter, you will receive a sms informing you about your group, the
name of your e-tutor and instructions on how to log onto myUnisa to receive further
information on the e-tutoring process.
Online tutorials are conducted by qualified e-tutors who are appointed by Unisa and are
offered free of charge. All you need to be able to participate in e-tutoring is a computer with
internet connection. If you live close to a Unisa regional centre or a Telecentre contracted
with Unisa, please feel free to visit any of these to access the internet. E-tutoring takes
place on myUnisa where you are expected to connect with other students in your allocated
group. It is the role of the e-tutor to guide you through your study material during this
interaction process. For you to get the most out of online tutoring, you need to participate
in the online discussions that the e-tutor will be facilitating.

Consult the Study @ Unisa website (www.unisa.ac.za/brochures/studies) for more

information about the E-tutor system.

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6 STUDY PLAN
There is no specific study plan for this module. You have to go through the work at
your own pace and how fast this pace will be, depends on when you register and receive
your textbooks. You will only be able to master this module if you start studying it early
in the semester and if you study every day. For some study units you will need only a
few days, while you will have to spend more time on others, but you will have to study
at least 2-3 units per week. Please do not underestimate the scope of this module. Work
out a study plan that will suit your study methods and will fit into the time available after
your registration. Consult the Study @ Unisa brochure on the Study @ Unisa website
(www.unisa.ac.za/brochures/studies) for information on how to schedule your semester.
Your e-tutor will also give you some guidance in this regard.

7 PRACTICAL WORK
There is no practical work for this module.

8 ASSESSMENT
8.1 Assessment plan
Your final mark for this module will comprise a semester mark (that will be gained from one
written assignment and one multiple-choice assignment) combined with a mark for the
examination. (Semester mark + examination mark = final mark.)
Year mark
There are three assignments for the semester. Assignments 01 and 02 count towards your
year mark.
The third assignment is a self-evaluation assignment that you do not submit.
Submission of Assignment 01 is compulsory to obtain admission to the examination in this
module.

YOU MUST SUBMIT ASSIGNMENT 01 ON OR BEFORE ITS DUE DATE IN ORDER

TO BE ADMITTED TO THE EXAMINATION.

It is not required that you pass Assignment 01 (i.e. get at least 50% for it) to gain examination
admission. Merely submitting Assignment 01 on or before its due date is enough to ensure
your admission to the examination. However, since the mark you obtain for Assignment 01
will contribute 50% towards your year mark for the module (10% towards your final mark), it
will be to your advantage to do well in the assignment. Note that you may fail the module as
a result of a bad year mark.
Also note that you may not submit an empty assignment to gain admission – it must be a
legitimate attempt to do the assignment. Empty assignments will not give you admission to
the examination.
Although submission of Assignment 02 does not have any effect on your admission to the
examination, its submission is strongly recommended since it counts 50% towards the year
mark for the module (10% towards your final mark).
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The year mark counts 20% of your final mark for the module (mark for Assignment 01 (10%)
plus mark for Assignment 02 (10%) = 20%).
(Please note that the year mark will not contribute to the calculation of the final mark in the
case of FI concessions.)
Examination mark
At the end of the semester, you will write one two-hour examination paper that counts 100
marks. The examination mark counts 80% of the final mark for the module.
How will this work in practice?

As was indicated above, Assignment 01 counts 10% and Assignment 02 a further 10%
towards your final mark. The examination mark will count 80%. Therefore, the mark out of
100 that you obtain in the examination will be converted to become a mark out of 80. Thus,
your final mark for the module will be calculated by adding your two assignment marks to
your adapted examination mark.
Example:
Assume that you receive 60% and 70% for the assignments and 50% for the examination.
Your year mark will be 65%. This mark must be converted to a mark out of 20. 65/100 =
13/20.
Your examination mark of 50% will be converted as 40/80 which will then be added to the
year mark (13/20) to determine the final mark (13/20 + 40/80 = 53/100 = 53%).
Note that your final mark for the module should be 50% to pass the module. There is,
however, a required subminimum for the examination question paper itself, namely 40%. If
you achieve less than 40% for the paper, you fail the examination and your year mark does
NOT count.
Summary of how your final mark will be calculated:
Formative assessment

Assignment 01 (50% of year Year mark (20% of

mark) final mark)
Assignment 02 (50% of year
mark)

100%

Summative assessment Examination mark (80%

Examination of final mark)

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 PVL2602/101/3/2021

8.2 General information regarding assignments

Assignments are part of the learning material for this module. As you do the assignments,
study the textbook, discuss the work with fellow students or e-tutors or do research, you are
engaged in learning.
The commentary on Assignments 01 and 02 will be made available to all students registered
for this module in Tutorial Letter 201, and not only to those students who submitted
Assignments 01 and 02. As soon as you have received the commentary, please check your
answers. The assignments and the commentary on these assignments constitute an
important part of your study material.
Please note: Although students may work together when preparing assignments, each
student must write and submit his or her own individual assignment. In other
words, each student must submit his or her own work. It is unacceptable
for students to submit identical assignments on the basis that they worked
together. That will amount to plagiarism and none of these assignments will
be marked. Furthermore, these students may be penalised or subjected to
disciplinary proceedings of the University.

Also, note that if you have qualified for a supplementary examination, you do not submit
any further assignments before writing the supplementary examination.

8.3 Assignment numbers

8.3.1 General assignment numbers
Assignments are numbered consecutively per module, starting from 01.
There are three assignments for this module:
• Assignment 01 is a written assignment.
• Assignment 02 is a multiple-choice assignment.
• Assignment 03 is a self-evaluation assignment, which consists of an extract from
a previous examination paper.
Please note: You only submit Assignments 01 and 02.

8.3.2 Unique assignment numbers

You are provided with a unique assignment number for each of the assignments that you
have to submit (Assignment 01 and Assignment 02). Please remember to write down the
unique assignment number for Assignment 01 on your assignment cover and the unique
assignment number for Assignment 02 on the mark reading sheet.

First semester Second semester

Assignment 01: 860040 Assignment 01: 642025
Assignment 02: 840277 Assignment 02: 555906

17
8.4 Assignment due dates
The due dates for the assignments are as follows:

First semester Second semester

Assignment 01: 29 March 2021 Assignment 01: 23 August 2021
Assignment 02: 19 April 2021 Assignment 02: 20 September 2021

Please note: It is not possible for your lecturers to grant extension for the submission of the
assignments and it is not possible to submit assignments on myUnisa after the
closing date of the assignment. Please read the section below on the
submission of assignments carefully.
8.5 Submission of assignments

WE URGE YOU TO SUBMIT YOUR ASSIGNMENTS ELECTRONICALLY VIA

MYUNISA.

Assignments can be submitted:

 via myUnisa (online)
 placed in a Unisa assignment box
 posted to Unisa
 submitted via courier (there is no charge if the assignment is submitted in an official
Unisa envelope at the service point of the University’s official couriers - visit
www.unisa.ac.za/assignments for more information)
 submitted via Unisa’s mobile MCQ app (multiple-choice assignments only)

Please do not submit the same assignment via two separate channels (eg myUnisa and the
post). Assignments may not be submitted by e-mail. Please note that your lecturers will
not accept e-mailed assignments.

If you are posting assignments, each assignment for each module must be posted
separately. HOWEVER, WE ADVISE YOU NOT TO SUBMIT ASSIGNMENTS BY POST
SINCE THEY ARE FREQUENTLY LATE OR DO NOT ARRIVE AT ALL. If, however, you
do mail it, do so well in advance of the due date to ensure that the assignment reaches
Unisa in time. If you mail a hard copy of an assignment or drop it into an assignment box,
please be patient. It takes a very long time to reach the Assignment Section and to be
registered on the myUnisa system. Always keep a copy of your assignment before
submitting it. You will then be able to resubmit it, should your assignment get lost.

We strongly recommend that, if at all possible, you should submit your assignments via
myUnisa. This method is fast and reliable. Return of your marked assignment is also
expedited and you can use the timeous feedback on your assignment to prepare for the
examination. If you submit the assignments electronically, you should nevertheless not
postpone doing so until the last day when all the students want to submit their assignments.
The network can become congested. Ideally, you should submit your assignment at the
latest three days before the closing date.

18
 PVL2602/101/3/2021

Note that although you may, of course, submit your assignment long before the due date, it
may not be marked before the due date. Feedback on the assignment will only be given
after the due date.
For the procedure to submit assignments electronically via myUnisa, consult the Study @
Unisa website (www.unisa.ac.za/brochures/studies).

NB: Submit your written assignment (assignment 01) in Adobe PDF format. You must not
save your PDF assignment in a “secured” mode or in write protected/read only PDF
formats. Your lecturers will not be able to mark them electronically, which will result
in a 0 mark.
Assignments submitted via myUnisa, which are marked onscreen, will be available for
viewing on myUnisa. Notification of the marked assignment will be sent to your myLife e-
mail account.
Unisa’s Assignment Division will not accept requests to cancel assignments submitted via
myUnisa. IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE CONTENT OF YOUR
ASSIGNMENT IS CORRECT WHEN YOU SUBMIT IT VIA MYUNISA.
Please note that your lecturers will not re-mark an assignment if you submitted the
incorrect version. If you do, however, experience a problem (other than a technical,
computer-related problem) after having submitted the assignment, please contact one of
your lecturers.
Remember: It is your responsibility to ensure:

 that you submit the correct version of your assignment

 that your assignment is received by Unisa (preferably 72 hours) before the closing
date.
To enquire whether Unisa has received your assignments, go to myUnisa or send an e-mail
to [email protected] - include your student number in the subject line.
Please note that it takes quite a long time for postal assignments to be received and marked
and therefore you should only enquire about these 2 weeks before the examination. Once
again, we strongly recommend that you do not use the postal route.

19
8.6 Resubmission of assignments

PLEASE NOTE:
AFTER YOUR FIRST SUBMISSION, YOU MAY RESUBMIT YOUR ASSIGNMENT
ONCE. You may, however, ONLY DO SO UNTIL THE CLOSING DATE for the
particular assignment. If you resubmit, your previous assignment is cancelled on
myUnisa. You may only submit an assignment twice. If you attempt to resubmit
after already resubmitting once, both attempts will be cancelled and you will not
have an assignment on the system. In other words, you are only allowed two
attempts to submit, whereafter all submissions will be cancelled.
IF YOU RESUBMIT THE ASSIGNMENT AFTER THE CLOSING DATE FOR THE
ASSIGNMENT, IT WILL RESULT IN BOTH YOUR ATTEMPTS BEING CANCELLED
AND THE SYSTEM WILL NOT ACCEPT YOUR RESUBMISSION. AS A RESULT,
YOUR ASSIGNMENT WILL NOT BE MARKED AT ALL, AND YOU WILL RECEIVE 0
FOR THE ASSIGNMENT.
Your lecturers will not be able to assist you in this matter since the assignment
section will not open the platform for you to submit again and lecturers may not
accept e-mailed assignments.
REMEMBER:

 DO NOT SUBMIT YOUR ASSIGNMENT MORE THAN TWICE

 DO NOT SUBMIT YOUR ASSIGNMENT AFTER THE DUE DATE

20
 PVL2602/101/3/2021

9 THE ASSIGNMENTS
9.1 Assignments for semester 01

SEMESTER 01
ASSIGNMENT 01
DUE DATE: 29 March 2021

Please note: Submission of this assignment is compulsory for admission to the

examination.

UNIQUE ASSIGNMENT NUMBER: 860040

The assignment counts 50% towards your semester mark and

10% towards your final mark for this module.

This assignment covers chapters 1 to 10 of the textbook as well as the information in this
tutorial letter (Tutorial Letter 101) and in the study guide.

Question 1

Wanda and Xavier were married out of community of property with the accrual system.
Wanda died intestate and left her husband, Xavier, as well as the following surviving
relatives:

 Her son, Ben. Ben was born out of wedlock from a relationship she had before she
got married.
 Her daughter, Francis, born from her first marriage to Yoda. Francis refused to
inherit from her mother.
 Francis’ son Gerald.
 Her granddaughter, Dina, the daughter of her predeceased daughter Celeste, who
was born from her marriage to Xavier.
 Her son, Evert, born from her marriage to Xavier.
 Her mother, Mary.

Wanda’s estate is worth R500 000 and she is entitled to R100 000 accrual from Xavier’s
estate.

Calculate how Wanda's estate is going to devolve, giving reasons for your calculations. If
a relative will not inherit, explain why this is so.
(10)

Question 2

Thabo was an entrepreneur and by the age of thirty he was already a billionaire. He
decided to try out online dating. He met Sonia online and fell madly in love. Six weeks
after meeting her in person for the first time, he became very sick and was hospitalised.
21
At times, he was delirious and did not recognise his parents when they visited him in
hospital. Sonia also visited him and told him that she was expecting their child. She urged
him to make a will in which he makes provision for their child. He asked her to arrange
for his secretary to come to the hospital. When his secretary arrived, she found him very
sick and weak and in a state of confusion. Sonia was also present and told Thabo that he
intended to make a will to provide for their child. Thabo dictated a short will to his
secretary, leaving all his possessions to Sonia and their child. He signed the will and two
nurses, who were present when he signed, also signed the will as witnesses. Thabo died
the next day.
After his death his parents, who were his nearest blood relatives, were surprised to find
out that he had left his entire estate to someone they had never met. After a few months,
it also became clear that Sonia was not expecting a child. They approached you, an
attorney, for advice. What will you advise them? Explain a course of action and all
possible arguments that can be raised in this matter, to them. Also explain the chances
of succeeding with your suggested course of action. Refer to relevant case law to support
your arguments.
(10)

Question 3

Testator Tom’s will provides as follows:

To my son, Kobus, I leave my farm Sandfontein. When he turns 60 years of age,

the farm must go to my grandson, Koos, and then when he turns 60, to his eldest
son, Tebogo.

Give a definition of each of the following legal concepts and indicate whether they appear in
this provision. Give reasons for your answer:

(a) Suspensive condition (2)

(b) Resolutive time clause (3)

(c) Fideicommissary substitution (5)

[10]

Total for assignment 1: [30]

22
 PVL2602/101/3/2021

SEMESTER 01
ASSIGNMENT 02
DUE DATE: 19 April 2021

UNIQUE ASSIGNMENT NUMBER: 840277

The assignment counts 50% towards your year mark and

10% towards your final mark for this module.

This assignment covers the whole textbook (as prescribed – see the study guide, the
prescribed cases and the information in Tutorial Letter 101).

Select only one answer per question. Each answer counts two marks.

QUESTIONS

1 If a will is made in a country other than South Africa, which legal system’s formalities
must be complied with for the will to be valid in terms of South African law? Choose
the most correct answer:
[1] The law of the country where the will was executed.
[2] The law of the country where the testator was domiciled or habitually resident
at the execution of the will or at the time of his or her death.
[3] The law of the country where the testator was a citizen at the execution of the
will or at the time of his or her death.
[4] All of the above.
(2)
2 Testator Tom provided as follows in his will:
“I leave my house to my wife, Wendy. The residue of my estate I bequeath to my
sisters, Mary and Nina.”
Tom and Wendy were killed in the same car accident. Tom’s only surviving relatives
were his sisters, Mary and Nina, and his brother Ben. Wendy was survived by her
sister, Susan.
Who inherited Tom’s house?
[1] Mary and Nina, since they are Tom’s testate heirs.
[3] Susan, since she inherited the house from Wendy.
[2] Wendy, since that was what Tom provided in his will.
[4] Mary, Nina and Ben, since they are Tom’s intestate heirs.
(2)

23
3 The capacity given to an existing trustee to appoint an additional trustee is called:
[1] Substitution
[2] Treuhand
[3] Power of assumption
[4] Power of appointment
(2)
4 Testator Xolisa provided as follows in his will:
“I leave my yacht to my two sons, Bongani and Andile.”
After his death, Xolisa’s only surviving relatives were his son Andile, his daughter
Denise and his grandson Gavin. Gavin was the son of Bongani, who died before the
testator.
Who inherited Xolisa’s yacht?
[1] Andile, because Bongani and Andile were joined re et verbis and therefore
Bongani’s share accrued to Andile.
[2] Andile and Gavin, since Gavin substituted Bongani ex lege in terms of section
2C(2) of the Wills Act 7 of 1953.
[3] Andile and Denise, since Denise inherited in place of her predeceased brother.
[4] Andile, Denise and Gavin, since they were the intestate heirs.
(2)

5 The Master may dispense with the appointment of an executor if …

[1] the deceased died intestate.
[2] the value of the estate is less than R250 000.
[3] the value of the estate is less than R125 000.
[4] the beneficiaries apply to the Master not to appoint an executor.
(2)

24
 PVL2602/101/3/2021

6 Ben and Charmaine were married in community of property. Ben murdered

Charmaine. In the light of recent case law, which of the following benefits will Ben
be permitted to receive after Charmaine’s death?
[1] Ben’s share of the joint estate.
[2] Charmaine’s pension benefits.
[3] Maintenance in terms of the Maintenance of Surviving Spouses Act 27 of 1990.
[4] None of the above.
(2)
7 Testator Thabo provided as follows in his will:
“I bequeath my farm to my son, Sipho, provided that he obtains an LLB degree
within 6 years. If he does not, my sister Anele will inherit the farm.”
This bequest provides an example of …
[1] an absolute bequest.
[2] a direct substitution.
[3] a suspensive time clause.
[4] a fideicommissary substitution.
(2)

8 Which one of the following persons will not be able to claim maintenance from the
deceased in terms of the Maintenance of Surviving Spouses Act 27 of 1990?
[1] The deceased’s wife in a monogamous Muslim marriage.
[2] The deceased’s wife in a polygamous Muslim marriage.
[3] The deceased’s heterosexual life partner.
[4] The deceased’s homosexual life partner in a civil union.
(2)
9 If a charitable trust becomes impossible to carry out to the letter, the court will allow
it to be carried out for a purpose as near as possible to the original purpose. This is
called …
[1] the variation of a trust.
[2] a power of appointment.
[3] the cy près doctrine.
[4] the ad pias causas concept.
(2)

25
10 What is the process called where a court adds, deletes or changes something in a
will because the testator had made a mistake when making the will and the will does
not reflect his intention correctly?
[1] Rectification
[2] Deletion
[3] Alteration
[4] Ratification
(2)

11 Testator Tom provided as follows in his will:

“I leave my house to my daughter, Dalene, provided that she never
leaves South Africa permanently.”
This bequest ...
[1] is a nudum praeceptum.
[2] creates a trust in favour of Dalene.
[3] is subject to a suspensive condition.
[4] postpones dies venit for Dalene.

(2)

12 Testator Tyson made a valid will in 2018. In 2019 he decided that he wanted to
change the name of one of the beneficiaries. He used “tippex” to erase the name
and wrote in the name of the new beneficiary. Will this amendment be valid?
[1] Yes, provided he signed next to the amendment.
[2] Yes, provided he and two witnesses signed next to the amendment.
[3] Yes, provided a commissioner of oaths attached the certificate required by
section 2(1)(a)(v) of the Wills Act 7 of 1953.
[4] No, because one is not allowed to use “tippex” in a will. The will should have been
retyped and re-executed.
(2)

26
 PVL2602/101/3/2021

13 What is the principle called according to which the executor of an estate must, under
certain circumstances, take benefits given to certain heirs by the deceased during
his or her lifetime into account when distributing the estate among certain
beneficiaries?
[1] Election
[2] Prelegacy
[3] Bequest price
[4] Collation
(2)

14 Which court may interpret a will?

[1] A High Court

[2] A magistrate’s court
[3] A special court for interpreting wills
[4] A magistrate’s court and a High Court
(2)

15 Which of the following persons cannot inherit from a deceased person in terms of
intestate succession law?

[1] A prodigal
[2] The child of the deceased born outside of a valid marriage
[3] An unborn child, if he or she is born alive after the death of the deceased
[4] A juristic person, such as the SPCA
(2)

TOTAL: [30]

27
9.2 Assignments for semester 02

SEMESTER 02
ASSIGNMENT 01
DUE DATE: 23 August 2021

Please note: Submission of this assignment is compulsory for admission to the

examination.

UNIQUE ASSIGNMENT NUMBER: 642025

The assignment counts 50% towards your year mark and
10% towards your final mark for this module.

This assignment covers chapters 1 to 10 of the textbook as well as the information in this
tutorial letter (Tutorial Letter 101) and in the study guide.

Question 1

Derrick died on 15 October 2020 at the age of 35, while bungee jumping at Victoria Falls.
Never thinking that he would die so young, he left no will. The following people survive
him:

 Wendy, his spouse, to whom he was married in community of property.

 Nontobeko, his ex-spouse, to whom he was married in a customary marriage.
Derrick divorced Nontobeko in 2012.
 Thabiso, his son from the marriage to Nontobeko.
 Sibongile and Kopano, the children of his and Nontobeko’s predeceased son,
Christopher.
 Bongani, his son from the marriage to Wendy.
 Zari, his daughter from an extra-marital relationship with Grace.
 Mary, Derrick’s mother and Fred, his father.
The total value of Derrick and Wendy’s estate is R2 000 000.
Calculate how Derrick’s estate is going to devolve and indicate how much each heir will
receive. Give reasons for your calculations. Indicate also which relatives will not inherit,
giving reasons for your answer.
(10)

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 PVL2602/101/3/2021

Question 2

Discuss the requirements in terms of section 2(3) of the Wills Act 7 of 1953 that must be
complied with before the court will order the Master to accept a will, which does not
comply with all the formalities for a valid will, as if it were validly executed. Refer to
relevant case law.
(10)

Question 3
Testator Tom’s will provides as follows:

To my son, Kobus, I leave my farm Sandfontein. My wife Susan may receive any
income of the farm until her death. If Kobus wins the national lottery, he must transfer
the farm to my grandson, Koos.

Give a definition of each of the following legal concepts and indicate whether they appear
in this provision. Give reasons for your answer:

(a) Suspensive condition (2)

(b) Resolutive time clause (3)

(c) Fideicommissary substitution (5)

[10]
Total for assignment 1: [30]

29
 SEMESTER 02
ASSIGNMENT 02
DUE DATE: 20 September 2021

UNIQUE ASSIGNMENT NUMBER: 555906

The assignment counts 50% towards your year mark and

10% towards your final mark for this module.

This assignment covers the whole textbook (as prescribed – see the study guide, the
prescribed cases and the information in Tutorial Letter 101).

Select only one answer per question. Each answer counts two marks.

Questions

Answer questions 1 to 5 about the following set of facts:

Tom died in 2020. Tom had made a valid will in 2018 in which he provided as follows:
(1) I leave my beach house to my sister, Siyabonga. If she emigrates before my
death, the house must go to my brother, Ben.
(2) I leave my BMW motorbike to my friend, Fanie. Fanie must pay R20 000 to my
brother Ben within 6 months of my death.
(3) I leave my house in Pretoria to my daughter, Deirdre. If Deirdre dies without
children, the house must go to my brother Ben after her death.
(4) The residue of my estate I leave to my children Deirdre, Carl and Kholisa in
equal shares.
(5) To my wife, Wendy, who never loved me, I leave nothing.

1 The bequest of the beach house to Siyabonga is …

[1] an inheritance.
[2] subject to a modus.
[3] subject to a fideicommissum.
[4] subject to a direct substitution in favour of Ben.
(2)

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 PVL2602/101/3/2021

2 The bequest of the motorbike to Fanie is …

[1] subject to a modus.

[2] subject to a condition.

[3] subject to a time clause.
[4] subject to a direct substitution in favour of Ben.
(2)

3 The bequest of the house to Deirdre …

[1] is subject to a usufruct in favour of Ben.
[2] creates a fideicommissum tacitum in favour of Deirdre’s children.
[3] is subject to a direct substitution in favour of Ben.
[4] is subject to a suspensive condition.
(2)

4 The bequest of the residue of the estate to the children is known as …

[1] a legacy.
[2] accrual.
[3] an inheritance.
[4] a prelegacy.
(2)

5 Disinheriting the wife in the last clause …

[1] is contra bonos mores.
[2] makes the will invalid.
[3] is allowed in SA law.
[4] cannot be given effect to.
(2)

31
6 Testator Sam made a valid will, but at a later stage decided that he wanted to revoke
the will. Which of the following methods would NOT constitute a valid revocation of
the will?
[1] Sam declared before witnesses that he was revoking his will.
[2] Sam drew a line through all the pages of the will.
[3] Sam made a new will in which he included a clause revoking the previous will.
[4] Sam made a new will the provisions of which were completely contrary to the
provisions of the first will.
(2)

7 Which one of the following statements is the correct version of the court’s decision
in Ex parte Graham 1963 (4) SA 145 (D)?

[1] When persons die in the same disaster, there is no presumption about the
order of their deaths in our law.
[2] When persons die in the same disaster, there is a presumption in our law that
the eldest person died first.
[3] When persons die in the same disaster, there is a presumption in our law that
they died simultaneously.
[4] When persons die in the same disaster, the presumptions about the order of
death are only relevant in our law if the persons are related to each other.
(2)

8 In which of the following circumstances will a trust not be terminated?

[1] If there is no beneficiary.
[2] If the court terminates the trust.
[3] If the object of the trust has been realised.
[4] If there is no trustee.
(2)

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 PVL2602/101/3/2021

9 What is the golden rule when interpreting a will?

[1] Effect must be given to the intention of the testator.
[2] Effect must be given to the intention of the testator as expressed in his or her
will.
[3] Effect must be given to the intention of the testator as expressed in his or her
will or expressed orally before witnesses.
[4] Effect must be given to the intention of the testator as expressed in his or her
will and considering expressions of intention made by the testator prior to his
or her death.
(2)
10 Testator F provides as follows in his will:
“I leave my farm to my two friends, S and T.”

This is an example of a joinder …

[1] re.
[2] re tantum.
[3] re et verbis.
[4] verbis tantum.
(2)

11 If a charitable trust becomes impossible to carry out to the letter, the court will allow
it to be carried out for a purpose as near as possible to the original purpose. This is
called …
[1] the cy près doctrine.

[2] the variation of a trust.

[3] a power of appointment.
[4] the ad pias causas concept.

(2)

33
12 In terms of section 20 of the Trust Property Control Act 57 of 1988, if the trustee’s
estate is sequestrated or placed under judicial management, he or she may be
removed from office by the …
[1] Master.
[2] beneficiaries of the trust.
[3] other trustees of the trust.
[4] other trustees in co-operation with the beneficiaries of the trust.
(2)

13 Testator Tom provides as follows in his will:

“I leave my estate in trust to my trustee, Xanadu. My wife, Wendy, must
receive the income from the trust during her lifetime. At her death, my
children Peter and Joe must receive the capital of the trust.”
Who is the owner of the trust property after Tom’s death?
[1] Wendy.
[2] Xanadu.
[3] Peter and Joe.
[4] Wendy, Peter and Joe.
(2)

14 In our law, which mistakes in a will can be rectified?

[1] Typing errors only.
[2] Typing errors and words that were inserted by mistake only.
[3] Typing errors, words that were inserted by mistake as well as words omitted
by mistake.
[4] None, because rectification does not form part of our law.
(2)

34
 PVL2602/101/3/2021

15 Which of the following benefits are subject to collation?

[1] Birthday presents to children.
[2] Expenses incurred for a child’s education.
[3] Benefits given with a view to a child’s marriage.
[4] Benefits paid to a child for services rendered.
(2)
TOTAL: [30]

9.3 Other assessment methods: Self-evaluation

9.3.1 How to do the self-evaluation assignment
The third assignment, which you will find in this tutorial letter, is a self-evaluation assignment.
The assignment contains good examples of the type of questions you can expect in the
examination. The comments on the self-evaluation assignment are also included in
this tutorial letter. This will enable you to mark your assignment as soon as you have
completed it.
The purpose of the self-evaluation assignment is fourfold, namely:

 To compel you to work through the study material.

 To teach you the necessary reading and writing skills expected of a future legal
practitioner.
 To teach you to make a synthesis from various sources - in other words, to teach you
to combine different ideas and arguments in a single answer; to gather material and
present it in a logical, ordered fashion with convincing arguments (merely copying the
study material is not acceptable).
 To school you in self-evaluation for the following reason: When you join the legal
profession, you will have to evaluate your own arguments and submissions and you
therefore need to acquire this skill as soon as possible.
The fact that the third assignment is a self-evaluation assignment implies the following:
 You do not submit the self-evaluation assignment.
 You must evaluate your assignment yourself by using the comments on the
assignment that are included in this tutorial letter.
 The comments should not be seen as “model answers” to be learnt by heart for the
examination. The purpose of the comments is to give you guidelines in determining
whether you used the correct arguments and discussed the relevant legal principles
correctly. Remember, also, that an assignment question will not necessarily crop up
in the examination.
 The value of the assignment lies in its completion. The background knowledge
and understanding that you will gain by doing the assignment and marking it is
excellent preparation for the examination. Experience has shown that students who
evaluate the assignments themselves using the lecturer’s comments learn much
more than those who only briefly glance at the comments without comparing their
answers to them.
35
We would like to suggest that you answer the assignment under examination conditions
to test your knowledge and understanding of the work. Had the assignment been an
examination question counting 50 marks, you would have been given one hour to complete
it. The feedback on this assignment follows immediately after the assignment. However, do
not read the feedback before you have answered the assignment under examination
conditions.

9.3.2 Self-evaluation assignment

QUESTION 1
(a) Xavier and Wanda were married in community of property and had three children,
Anna, Grace and Ben. Anna died in 1999, leaving her two children, Deon and Carl.
Ben was married and had a daughter, Linda.
Xavier died intestate in February 2019, leaving behind Wanda, Grace, Ben and his
three grandchildren, Deon, Carl and Linda. He also left his father, Fred. Xavier and
Wanda’s joint estate was worth R800 000.
Calculate how Xavier’s estate will devolve and indicate the amount each person will
receive. Give reasons for your calculations. (10)
(b) Xeno and Vera were married out of community of property with the accrual system.
They had two children: Abel and Bobby. Abel was married and had two children, Paul
and John. Xeno also had a child, Ethel, from a previous marriage. Ethel died in 1999
and left an adopted daughter, Sandy.
Xeno died intestate in December 2020 and left behind Vera, Abel, Bobby, Paul, John
and Sandy. Xeno’s estate amounts to R900 000. Vera is entitled to R100 000 as
accrual from her marriage to Xeno. Calculate how Xeno’s estate will devolve and give
reasons for your calculations. (10)
(c) Xolani dies intestate and leaves the following relatives:

 His father, Fred.

 His grandfather, Greg, on his mother’s side. (His mother predeceased him.)
 His half-brother, Bongani, who was born out of his mother’s first marriage to
Kabelo.
 Sam, the son of Xolani’s predeceased full brother Dino.

The total value of Xolani’s estate is R800 000. Explain the devolution of Xolani’s estate,
giving reasons for your calculations. (5)
[25]

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QUESTION 2
Seventeen-year-old Zola went on holiday to Durban with his two best friends, sixteen-year-
old Joseph and eighteen-year-old Moses. While swimming in the sea, Zola was attacked by
a shark, which bit off his right arm. His friends rushed him to hospital. In the hospital, Zola
decided to make a will. He dictated the will to Moses, who wrote down his instructions. In
this one-page will, Zola left his car to Moses, R5 000 to Joseph and the residue of his estate
to his grandparents who raised him.

Zola, who was right-handed, then made a thumbprint with his left hand at the end of the will
and Joseph and a nurse signed as witnesses. Zola died a few hours later. He was survived
by his father and his grandparents.
Answer the following questions on these facts:
(a) Was Zola old enough to make a will? Explain your answer. (1)
(b) Was Joseph old enough to be a witness to the will? Explain your answer. (1)
(c) Does Zola’s will comply with all the testamentary requirements for a valid will? Explain
your answer. (5)
(d) Suppose the will is invalid. What advice could you give Zola’s grandparents that would
enable them to inherit under the will? (5)
(e) Discuss the capacity of Joseph and Moses to inherit under the will. (3)
[15]

QUESTION 3
Indicate how the bequeathed benefit will devolve in the following scenarios. Give reasons
for your answers:
(a) “I leave my estate to my best friends Andrew and Ben.” Andrew dies before the testator.
(3)
(b) “I leave my estate to my two sons, Andrew and Ben. If one of them does not inherit,
his share will go to my daughter, Dina.” Andrew dies before the testator but leaves a
child, Charles. (3)
(c) “I leave my house to my sister’s two daughters Amelia and Betty.” Amelia dies before
the testator but leaves a child, Cindy. (4)
[10]
Total for assignment [50]

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9.3.3 Feedback on self-evaluation assignment
General remarks

The comments on the self-evaluation assignment are included in this tutorial letter to enable
you to mark your assignment as soon as you have completed it. However, do not read the
feedback before you have answered the assignment under examination conditions.
This will enable you to test your knowledge and understanding of the work.
You should work through your assignment with these comments as a guide, and award
yourself a mark. The value of completing this assignment does not end with its completion.
You will also gain important information from the comments, read with the relevant pages in
your prescribed textbook and the study guide.
Also note that we do not consider these answers to be “model” answers – they are merely
guidelines to follow when answering the questions. You may, for example, have to add more
information in the examination, or you may have to shorten an answer – let yourself be
guided by the number of marks allocated to a question.
Remember (also in the examination) that a definition of a legal concept will earn you
marks; therefore, always add it to your answer. When answering a question, you should
imagine that the person reading the answer is a client who does not have any knowledge of
the law and to whom you have to explain the legal position in full.
In the memorandum, each numbered statement represents one mark. Note that the
memorandum sometimes contains more information than is necessary to obtain full marks
for a question.

Feedback on questions
The information in square brackets ([ ]) further explains the answer but does not form part
of the answer.

QUESTION 1(a)

(1) W first receives R400 000 (R800 000 ÷ 2 = 400 000) because X and W were married
in community of property and the joint estate must be divided in terms of matrimonial
property law. [NB – She does not inherit this amount.] (1)
(2) X had a spouse and children; therefore section 1(1)(c) of the Intestate Succession Act
applies in terms of which the spouse inherits either a child’s share or R250 000,
whichever is the greater. (1)
(3) A child’s share is calculated by dividing the value of the intestate estate by the number
of children of the deceased who have either survived him, (1)
(4) or have predeceased him but are survived by their descendants, (1)
(5) plus one (for the surviving spouse). (1) (or, in the case of multiple spouses, plus the
number of spouses - see the Bhe case)
[NB: You must be able to give the correct definition of a child’s share in order to
receive any marks for the definition. You must also indicate this step, even if it is
patently obvious (as in this case) that the child’s share is smaller than the statutory
amount.]

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(6) To calculate the child’s share, we therefore count A (since she left children to
represent her), G and B plus W, and divide the value of the estate by 4 (ie, R400 000
is divided by 4). (1)
(7) This means a child’s share amounts to R100 000. (1)
(8) W therefore inherits R250 000 because it is more than the child's share of R100 000.
(1)
(9) R150 000 of X’s estate remains, and it has to be divided between his three
descendants (R400 000 – R250 000 = R150 000). (1)
(10) A, G and B are therefore entitled to inherit R50 000 each (R150 000 divided by 3 =
R50 000). (1)
(11) A predeceased X and is represented by D and C – each gets half of A’s share. (1)
(12) L inherits nothing as her father, B, is still alive. (1)
(13) F inherits nothing because descendants inherit before ascendants. (1)
(max 10)

[NB: Students sometimes confuse a child’s portion (also called a child’s share) with the
statutory amount of R250 000. The phrase “a child’s portion” is a term used in the Intestate
Succession Act by the legislature and merely refers to the amount that one gets if you count
all the children that are living, plus the children who have already died but who have left
behind children to represent them. You add one or more for the spouse(s), and you then
divide the value of the estate by that number.
Please note that a child’s portion is not equal to R250 000! It is therefore incorrect to
say that a spouse inherits “a child’s portion of R250 000"! He/she inherits either a child’s
portion (which one must determine on a case by case basis as explained above) or at least
R250 000 if the child’s portion in the particular case is less than R250 000. If he/she inherits
R250 000 in a particular case, it also means that the children, in that case, are going to
inherit less than the amount that was originally calculated as a child’s portion.]
QUESTION 1(b)

(1) According to the facts, V is entitled to R100 000 accrual in terms of matrimonial
property law – she does not inherit this. This R100 000 must be deducted from X’s
estate before dividing his estate in terms of intestate succession rules. R900 000 –
R100 000 = R800 000. The amount in X’s estate available for division in terms of
intestate succession rules is R800 000. (1)
[NB: If X was entitled to accrual, the amount would have to be added to his estate.
You have to read the question carefully because if you start with the wrong amount,
the rest of the division will be incorrect!]

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(2) X had a spouse and children – therefore section 1(1)(c) of the Intestate Succession
Act applies in terms of which the spouse inherits either a child’s share or R250 000,
whichever is the greater. (1)
(3) A child’s share is calculated by dividing the value of the intestate estate by the number
of children of the deceased who have either survived him or her, or have predeceased
him or her but are survived by their descendants, plus one (for the surviving spouse).
(1) [NB: You must give the correct definition for a child’s share in order to receive 1
mark.]
(4) To calculate the child’s share we therefore count A, B and E plus one (for V) and divide
the estate of R800 000 by 4. (1)
(5) E is counted because she is X’s child and she is survived by her adopted child, S. (1)
(6) An adopted child is, for all purposes, considered to be in the same position as a natural
child. (1)
(7) A child’s share equals R200 000 (R 800 000 ÷ 4). (1)
(8) V inherits either a child’s share or R250 000 whichever is more – R 250 000 is more,
therefore V inherits R250 000. (1)
(9) The children share the rest of the estate equally. There is R800 000 – R250 000 =
R550 000 available to be divided among 3 children. (1)
(10) R550 000 ÷ 3 = R183 333 each for A, B, and E. (1)
(11) E is represented by her adopted daughter, S, because E predeceased X. S inherits
R183 333. (1)
(12) P and J do not inherit because their father A is still alive, and they cannot represent
him. (1)
(max 10)

QUESTION 1(c)
(1) X’s estate is split in two and will be divided between his father, F, and his relatives on
his mother’s side. His mother has predeceased him and can be represented by her
descendants. (1)
(2) F will inherit R400 000. (1)
(3) X’s brother D and his half-brother B will share equally in the remaining R400 000 that
would have gone to M had she been alive. (1)
(4) However, D is predeceased and will be represented by his son S. S and B each inherit
R200 000. (1)
(5) G will not inherit anything as he is in the second parental and there are closer relatives
to X who inherit X’s estate. (1) (max 5)
Total Question 1: [25]

QUESTION 2(a)
Yes, any person 16 years or older may make a will (s 4 of Wills Act). (1)

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 PVL2602/101/3/2021

QUESTION 2(b)
Yes, a witness must be 14 years or older (1) [and competent to give evidence in a court of
law] (s 1 of Wills Act). (1)

QUESTION 2(c)
(1) Two witnesses were present, as required by the Wills Act. (1)
(2) The testator signed at the end of the will, as required. (1)
(3) However, he signed with a thumb print – in other words, he made a mark. (1)
[Note that whether he made the mark with his left or his right hand is irrelevant.]
(4) When a testator signs with a mark, the requirements of section 2(1)(a)(v) must be met.
This means that a commissioner of oaths must append a certificate to the will (1)
(5) certifying that he has satisfied himself as to the identity of the testator (1)
(6) and that the will so signed is the will of the testator. (1)
(7) Since no certificate was appended, the will is not valid. (1) (max 5)

QUESTION 2(d)
(1) They can apply to a court in terms of section 2(3) of the Wills Act (1)
(2) to order the Master to accept the document as a valid will. (1)
(3) The court will give such an order although the will does not comply with all the
formalities for the execution of wills if the court is satisfied (1)
(4) that the document was drafted or executed (1)
(5) by a person who died in the meantime, (1)
(6) and who intended that document to be his/her will. (1) (max5)

[Note: The fact that Zola had not written the will himself did not result in section 2(3) of
the Wills Act not being applicable. Section 2(3) can be applied if the document
purporting to be a will was “drafted or executed” by the deceased. In this instance
Zola, the purported testator, executed the will, because he and the witnesses signed
the will. One can also argue that Zola “drafted” the will himself because his friend
merely wrote down what he had dictated.]
Also note that the purpose of the grandparents would be to have the will declared
valid and not “invalid” as students sometimes argue. The will is per se invalid because
it does not comply with the formalities, and the grandparents cannot inherit in terms of
intestate succession as there are other relatives closer to the deceased who will inherit
in terms of the law of intestate succession. It would therefore not serve their purpose
if the will stays invalid.]

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QUESTION 2(e)

(1) A witness to a will (in this case Joseph) (1) or

(2) a person who writes out the will or any part of it in his own handwriting (NB!!) (in this
case Moses) (1)
(3) is disqualified from receiving any benefit under such a will (s 4A(1)). (1)
(4) However, in terms of section 4A (2), the court may declare both of them competent to
receive a benefit under the will if the court is satisfied that they did not defraud or unduly
influence the testator in the execution of the will. (1) (max 3)
Total Question 2: [15]
QUESTION 3(a)
(1) The share that A would have inherited will accrue to B. (1)
(2) A and B were joined re et verbis (by the thing and words), (1)
(3) and this indicates that the testator probably intended the ius accrescendi (right of
accrual) to operate. (1) (3)

QUESTION 3(b)
(1) The share that A would have inherited will be inherited by D. (1)
(2) The testator expressly provides for direct substitution, (1)
(3) and this clear indication of his or her intention excludes the operation of section 2C(2)
and of the ius accrescendi (right of accrual). (1) (3)

QUESTION 3(c)
(1) The share that A would have inherited will be inherited by B. (1)
(2) Since A and B were joined re et verbis (by the thing and words) (1)
(3) the indication is that the testator intended the ius accrescendi to operate. (1)
(4) The implied direct substitution of section 2C(2) is not applicable, because A and B were
not descendants of the testator. (1) (4)

[Note that it is possible for two people to inherit a house together, although the house is an
indivisible object. They inherit the house in equal, undivided shares.]

Total Question 3: [10]

Total for assignment: [50]

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 PVL2602/101/3/2021

10 THE EXAMINATION

For general information on the examination and advice on your preparations for
the examination, please consult Study @ Unisa
(www.unisa.ac.za/brochures/studies).

10.1 Examination admission

You do not have automatic admission to the examination. To gain admission to the
examination, you have to submit Assignment 01 before its due date. If you fail to submit
this compulsory assignment before the due date, you will not gain admission to the
examination.
Further note that you need not pass Assignment 01 (i.e. obtain at least 50% for it) to gain
examination admission. Mere submission of a genuine attempt at Assignment 01 earns you
examination admission. However, we strongly recommend that you do well in Assignment
01 since this assignment counts 10% towards your final mark (for more on this, see above
par 8.1 Assessment plan).
10.2 Examination duration and marks
At the end of the semester, you will write one two-hour paper which counts 100 marks.
The examination mark counts 80% of the final mark for the module and the
assignments 20% (See above par 8.1 Assessment plan on how the calculation of your final
mark is done.)
Your final mark for the module should be 50% to pass the module. Note that there is a
subminimum of 40% applicable to the examination (see below par 10.4).
10.3 Examination period
This module is offered in a semester period of approximately fifteen weeks. This means
that if you are registered for the first semester you will write the examination in May/June of
this year and the supplementary examination will be written in October/November. If you are
registered for the second semester, you will write the examination in October/November of
this year and the supplementary examination will be written in May/June of next year.
During the course of the semester, the Examination Section will provide you with information
regarding the examination in general, examination venues, examination dates and
examination times.

You can also lookup your examination date on myUnisa – your assignments submission
dates and examination date are scheduled on the “Schedule” application.

10.4 The required subminimum for the examination

It is very important that you should note that a subminimum applies for your examination
mark: You need to obtain at least 40% in the examination before your semester mark
will be taken into account for purposes of determining whether you pass, fail or
qualify for a supplementary examination. Note, however, that if your mark was adjusted
from 38% or 39% to 40% to grant you a supplementary examination, your semester mark
will not be taken into account.

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That means that a student who obtains at least 40% for the examination paper and who
worked during the year and consequently has a good semester mark, will have a big
advantage over a student who has a bad semester mark. It also means that even if you get
full marks for your compulsory assignment, you will still fail the module if you earn less than
40% in the examination. You will not even be allowed to write a supplementary examination.

10.5 Supplementary examinations and aegrotat examinations

Unisa will not send you any new tutorial material before the supplementary or aegrotat
examination. We advise you to contact your lecturers and request them to send you
electronic copies of the newest tutorial letters – especially if you write the supplementary
or aegrotat examination in the next calendar year.

For more information on supplementary, deferred or aegrotat (ill health) examinations,

see the Study @ Unisa website (www.unisa.ac.za/brochures/studies). Remember that your
lecturers are not able to help you with enquiries relating to the administration of these types
of examinations. You have to contact the relevant administrative department, as explained
in Study @ Unisa.

10.6 What to study for the examination

For the examination (and the supplementary examination), you have to study the textbook,
the prescribed cases (see the list above) and the notes thereon as well as all the tutorial
letters you receive during the course of the semester. It is advisable that you start studying
as soon as possible. However, before you begin to study the textbook in detail, you need a
thorough understanding of the basic fundamental concepts you will encounter. Pay special
attention to the nature and legal meaning of these basic concepts. See p 10-18 of the
textbook.

VERY IMPORTANT!

 Please note that no single part of the work is more important than any other. In other
words, do not try to “spot” for the examination!
 Also, do not underestimate the amount of material you have to study for this
module. Every sentence in the textbook is packed with information that you have to
have ready knowledge of.
 You MUST study the prescribed cases.

We shall send you more information on the format of the examination paper in a
subsequent tutorial letter (Tutorial Letter 201).

10.7 Previous examination papers

Unisa may make previous examination papers available to students on the module’s
website. Note, however, that it is not the responsibility of the lecturers to supply students
with previous examination papers and the lecturers should therefore not be contacted
with requests for previous examination papers. We also do NOT supply the memoranda
to previous examination papers.
Also, note that Assignment 03 is an extract from an examination paper. It serves as an
example of the types of questions we usually ask in the examination. (The memorandum on
Assignment 03 is also in Tutorial Letter 101.)
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 PVL2602/101/3/2021

The questions in all the assignments and those that are available with the textbook package
also provide good examples of the type of questions you can expect in the examination.

11 FREQUENTLY ASKED QUESTIONS

The Study @ Unisa website (www.unisa.ac.za/brochures/studies) contains the most
relevant study information. Please consult this website before contacting the University.

12 IN CLOSING
We wish you all the best with your studies and we trust that you will enjoy the study of the
Law of Succession!

Your lecturers

MNR PO MATSEMELA (module co-ordinator) 012 429-8392

PROF J JAMNECK 012 429-8506
PROF A ROOS 012 429-8422
MS B MABOKI 012 429 6631

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