Assessment 1: Question 1 With reference to specific case law, give a detailed explanation of the origin and recent history of the supervision of the administration of deceased estates in Namibia. /25 Marks Question 2 2.1 Distribute the following estates of a Rehoboth Baster who left the following relatives: A surviving spouse married in community of property, 1 child and the mother of the deceased. The balance for distribution is N$ 200 000. 2.2 Distribute the following in terms of the Intestate Succession Ordinance 12 of 1946: The deceased left behind 2 children, 2 grandchildren, who are children of a predeceased child and a balance of distribution of N$ 120 000 /10 Marks Question 3 A person has the freedom to include any provision they so wish in their will and have their estate divided in whatever manner they so wish. This is referred to as the testator's freedom of testation. What are the limitations placed by Common-law on a testator's freedom of testation? /15 Marks Total: 50 Marks Page 10 of 12 Makeup / Compensatory Assessment 1: Question 1 Fully discuss the case of Senekal v The Master 1975(3) SA 372 /15 Marks Question 2 Explain the historical background of the Political Ordinance of 1580 and how it became part of our law. What was the decision of the High Court in the case of Frans v Paschke 2007 (2) NR 520 (HC) on the interpretation of this Ordinance and how did this decision impact on the rights of children to inherit? /20 Marks Question 3 Outline the formal requirements that a will must comply with in order to be valid and enforceable in accordance with the laws of Namibia. /15 Marks Total: 50 Marks Page 11 of 12 Assessment 2: Question 1 Draft a will consisting of the following clauses: 1. Declaration 2. Revocation 3. Massing 4. Nomination of an executor 5. Bequest 6. Exclusion of a marital regime 7. Usufruct 8. Fideicommissum Additional instruction: The will must comply with the provisions of the relevant law /20 Marks Question 2 Discuss the position of customary law inheritance in light of the Berendt v Stuurman 2003 NR 81 /20 Marks Question 3 Distinguish between Usufruct and fideicommissum. /10 Marks