PVT SCHOOL FOR LEGAL PRACTICE

WILLS AND ESTATES EXAMINATION

17 JULY 2025
MARKER’S MEMORANDUM

QUESTION 1 [30 MARKS]

Charles Maree and Belinda were married to each other out of community of property with
accrual. Charles died intestate on14 February 2025 and was survived by his wife and his
brother Bethuel. His wife was appointed as the executrix and she is not registered for VAT.
Charles’s estate comprises of the following:

1. A Farm on which he was residing with his wife and on which there was no farming
undertaking taking place, valued at R1 500 000.00.

2. Furniture purchased by the deceased valued at R 250 000.00.

3. A 9mm Parabellum valued at R6 000.00.

4. Proceeds of Liberty Life Insurance Policy on the deceased’s life in the amount of R760
000.00. The policy was taken out by the deceased’s brother, Bethuel. The premiums
were paid by the brother and the premiums plus 6% interest amounted to R60 000.00
at deceased’s death. The proceeds were paid to Bethuel.

5. An Insurance Policy on Charles’s life with Old Mutual Life with no nominated
beneficiary. The maturity value was R2 500 000.00 and the surrender value was
R257 000.00. The premiums paid by Charles amounted to R35 000.00.

6. Ornaments and Jewelry sold for R 165 100.00.

7. A Toyota Hilux in the deceased’s name sold for R120 000.00

8. 700 shares in LRA (Pty) Ltd in the deceased’s name, valued by the Auditors as at the
date of death at R210.00 per share (as approved by a Chief Revenue Inspector) and
were sold in the course of liquidation for R142 000.00.
9. The deceased had an investment of R800 000.00 with FNB. The executrix realises
this investment for R816 000.00 of which R9 900.00 is in respect of interest accrued
at date of death.

10. The deceased’s 900 shares in EBS Ltd, a company listed on the JSE, which are valued
by a stockbroker as at the date of death at R140 000.00. The agreed stockbroker’s
commission amount to R3 500.00. A dividend of R15.50 per share is declared and
paid on 2 May 2025 and has been collected by the executrix.

11. The deceased’s estate has an accrual claim against the surviving spouse in the
amount of R110 000.00.

12. Other administration costs (excluding Stockbroker’s commission, Master’s fees and
Executor’s fees) amount to R130 000,00.

13. The funeral expenses amount to R37 200.00.

REQUIRED:

Draft only the following sub-sections of the Liquidation and Distribution Account, and provide
your own imaginary information (only) where necessary:

1. Liquidation Account;
2. Recapitulation Statement; and
3. Income and Expenditure Account;

Do not specify the Other administration costs.

ANSWER TO QUESTION 1 [30]

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Liquidation account

ASSETS:

IMMOVABLE PROPERTY

FARM 188 NOUGHT PRETORIA

REGISTRATION DIVISION JR, PROVINCE OF GAUTENG
MEASURING 1600H.
HELD BY DEED OF TRANSFER NO. T1346/1999 [1]
VALUED AT 1 1 500 000.00 [1]

(TO BE TRANSFERRED TO BELINDA MAREE, MAJOR SURVIVING

SPOUSE, AS SOLE HEIR I.T.O. SECTION 1(1) (A) OF THE
INTESTATE SUCCESSION ACT 81 OF 1987, AS AMENDED [1]

Movable property

Furniture and household effects

VALUED AT 2 250 000.00 [1]

9MM PARABELLUM – BROWNING SERAL NUMBER 823422

PER GUNSTON SPORT VALUATION 3 6 000.00 [1]

SHARES IN EBS LTD

VALUED BY A STOCKBROKER AT 4 140 000.00 [1]

(ITEMS 2,3&4 TO BE AWARDED TO BELINDA MAREE, MAJOR

SURVIVING SPOUSE, AS SOLE HEIR I.T.O. SECTION 1(1) (A) OF
THE INTESTATE SUCCESSION ACT 81 OF 1987, AS AMENDED
[1]

A TOYOTA HILUX REGISTRATION YGX 805 GP 5 120 000.00 [1]

SOLD FOR

OLD MUTUAL LIFE INSURANCE POLICY NO.OM137345 6 257 000.00 [1]

AT SURRENDER VALUE

SHARES IN LRA (PTY) LTD 7 142 000.00 [1]

SOLD AT

ORNAMENTS AND JEWELRY 8 165 100,00 [1]

SOLD BY JP JEWELERS AT

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INVESTMENT AT FNB

CAPITAL AMOUNT 9 800 000.00 [1]

INTEREST AS @ DATE OF DEATH 10 9 900.00 [1]

ACCRUAL CLAIM IN FAVOUR OF THE DECEASED’S ESTATE 11 110 000.00 [1]

TOTAL ASSETS 3 500 000.00

Liabilities:

Other Administration Costs 12 130 000.00 [1]

Master’s fees 13 6 800.00 [1]

Executor’s fees at 3.5% on R3 500 000.00 14 122 500.00 [1]

Stockbroker’s fees 15 3 500.00 [1]

Claims against the estate

REST – funeral expenses 16 37 200.00 [1]

___________
Total Liabilities 300 000.00

Estate Duty 0.00

Balance for distribution 3 200 000.00

3 500 000.00

Recapitulation Statement

Cash and assets reduced to cash 17 1 604 000.00 [2]

Less:
Liabilities 18 300 000.00 [1]
Cash Legacies 19 NIL
Estate Duty 20 NIL [1]
Cash surplus ___________
1304 000.00 [1]
(to be awarded to Belinda Maree as sole heir)
1 604 000.00 1 604 000.00_

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Income & Expenditure Account

Income

INTEREST RECEIVED ON FNB ACCOUNT [1] 6 100.00 [1]

DIVIDEND PAID ON EBS LTD SHARES [1] 13 950.00 [1]

Expenditure

EXECUTOR’S REMUNERATION @ 6% ON R 20 050.00

1 203.00 [1]
BALANCE AWARDED TO BELINDA MAREE AS SOLE HEIR
18 847.00 [1] ________

20 050.00 20 050.00

QUESTION 2 [9 MARKS]

Jonas made a Will in which he provides the following:

“I leave my house to my wife Jane and my daughter Dorcus in equal shares. If either Jane
or Dorcus does not inherit, my brother David must inherit her share”.

With regard to the execution of the Will by Jonas which consists of more than one page,
advise on the following:

2.1 Where on the Will must the witnesses sign? (2)

2.2 If Jonas signs by means of a mark, then a certificate in terms of section 2(1)(a)(v) of
the Wills Act 7 of 1953 should be appended:
(a) by whom? (1)
(b) where on the Will? (2)
(c) where must the certifying officer sign? (2)
(d) what must be certified? (2)

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ANSWER TO QUESTION 2 [9 MARKS]

2.1 On the last page [1]; anywhere [1]

2.2

(a) Commissioner of Oaths [1]

(b) On any page [1]; anywhere [1]

(c) Except for the page on which the certificate appears [1]
anywhere on all the other pages [1]

(d) That he has satisfied himself as to the identity of the Testator [1]
and that the Will so signed is the Will of the Testator [1]

QUESTION 3 [11 MARKS]

Percy dies intestate and is survived by his wife Gloria to whom he was married in community
of property. He is also survived by the following descendants:

1. His son Solly, who murdered him.

2. Solly’s son Benjamin.
3. His major daughter, Dinah, who has renounced any inheritance from Percy’s
estate.
4. Dinah’s son Chris.
5. His major adopted daughter Fiona.
6. Fiona’s son Mervin.

The joint estate amounts to R1 400 000.00 consisting of cash only.

Advise how you would distribute the estate in terms of the Intestate Succession Act 81 of
1987.

In your answer you must state:

(a) who will inherit, how much each beneficiary will get (show your calculations where
relevant), and also give reasons; and

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 (b) state those persons who will not inherit from A’s estate and give reasons for your
answer.

ANSWER TO QUESTION 3 [11 MARKS]

Gloria is entitled to half of the joint estate by virtue of the marriage in community of property
[1].

R1 400 000.00 ÷ 2 = R700 000.00 [1]

The deceased’s half share devolves as follows:

Gloria is entitled to inherit a child’s share or R250 000.00 whichever is the greater (section
1(1)(c)(i) of the Act) [1].

Child’s share = R700 000.00 ÷ 4 = R175 000.00 [1]

Gloria therefore inherits = R250 000.00 [1]

The balance of R450 000.00 will be distributed among the descendants.

Solly murdered Percy and will not inherit (die bloedige hand erf niet) [1]

In terms of section 1(7) of the Act, Benjamin, the son of Solly, will inherit Solly’s share of
R150 000.00 [1].

Since Dinah renounced her inheritance, her portion of R150 000.00 will be received by
Gloria in terms of section 1(6) of the Act [1].

Chris will not receive any inheritance as his mother is still alive and has renounced her
inheritance [1].

Fiona will inherit her share of R150 000.00 in terms of section 1(1)(c)(ii) of the Act [1].

Mervin inherits nothing as his mother is still alive [1].

QUESTION 4 [9 MARKS]

4.1 By what date must the Liquidation and Distribution Account be lodged with the
Master of the High Court? (2)

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4.2 If the executor cannot submit the Liquidation and Distribution Account timeously,
what step/s can he take? Advise. (4)

4.3 Under what circumstances can an executor dative be appointed? (2)

4.4 Under what circumstances can an estate representative in terms of section 18(3)
be appointed? (1)

ANSWER TO QUESTION 4 [9 MARKS]

4.1 Within 6 months of the date of the issue of the Letters of Executorship [1], or within
such further extended period as the Master may allow [1].

4.2 Apply in writing to the Master of the High Court for an extension [1], setting out the
reasons for such request for extension [1], what has been done to expedite the
problem [1], what has been done in the estate so far [1].

4.3 Where the deceased did not appoint an executor in his Will [1]; the executor
appointed is not prepared or is unable to act [1]

4.4 Where the value of the estate does not exceed R250 000.00 [1]

QUESTION 5 [6 MARKS]

Freddy executed a Will in which he bequeathed a cash legacy of R500 000.00 to his brother
Boy. Seven months later they had a serious disagreement and Freddy drew a line through
the name of Boy in his Will and wrote his aunt, Joyce’s name above Boy’s deleted name.
He signed next to it.

Freddy died a year later and Boy, who knew about the bequest to him, now approaches you
with the question as to whether he or aunt Joyce is entitled to the legacy.

Advise your client fully.

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ANSWER TO QUESTION 5 [6 MARKS]

The Testator attempted to amend his Will, and in terms of Section 2(1)(b) of the Wills Act,
he and two competent witnesses should sign at the amendment [1]. Because no witnesses
signed, the amendment is invalid [1] and Boy will inherit [1].

Joyce can approach the High Court [1] and if she can prove to the Court that it was the
intention of the Testator to effect the amendment [1], the Court can order the amendment
to be accepted even if it was not formally correct (section 2(3)) [1].

TOTAL: 65 MARKS