UNIVERSITY OF ZULULAND
DEPARTMENT OF PRIVATE
LAW
FACULTY OF COMMERCE
ADMINISTRATION & LAW
DEPARTMENT OF LAW
TEST 1 LPLS201-LAW OF
SUCCESSION 2016
DURATION: 1 HOUR MARKS: 50
Internal Examiner(s) Head of
Department
Ms N. C. Nkosi
Dr W.J. Ndaba
INSTRUCTION TO CANDIDATES
·
Please ascertain that
this paper has 2 pages inclusive of the cover page.
·
You may start with any
question, provided that you number the questions correctly and clearly.
·
Answer each question on
a new page.
·
Neat writing will be to
your advantage.
·
When answering problem
scenarios please ensure that your answer has an introduction and
conclusion.
·
Reference to authority
(legislation and/or case law) is important in substantiating your answers.
QUESTION 1
Antony dies intestate. He is survived by his wife Patience,
his son Marco and his daughter Cleo. He
is also survived by Uncle Joe his only living relative, and further he is also
survived by his two granddaughters Emma and Claire the daughters of his
predeceased son Thabo.
Antony and Patience were married in community of property
and their JOINT estate amounts to R400 000. How will the estate of the
Late Antony be divided?
(15)
QUESTION 2
a)
A person’s blood relations can be divided into
three categories name and define them. (6)
b)
Define the four parentela groups. (4)
QUESTION 3
Define the meaning of “spouse”
for the purposes of the Interstate Succession Act 81 of 1987 and the extension
of the application of the Act. Over and
above the definition you are required to refer to relevant case law.
Refer further to the
constitutional challenge which arose in the case of Bhe v Magistrate, Khayelitsha
2005(1) SA 580 (CC)
(25)
GOOD LUCKJ
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