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. 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.

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

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.

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.

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.

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.

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.

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 prs doctrine.

[4] the ad pias causas concept.

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

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.

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.

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

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

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