LEGAL PRACTITIONER’S EXAMINATION

MARCH 2006 TIME 90 MINUTES MARKS 100

Question 1. 60

John Smith died intestate and left the following assets:

Farm valued at $1 800 000,

Movables of $250 000
Shares and other investments of 400 000
Cash of $180 000

Liabilities including administration costs amounted to $130 000

He left the following family:

Wife June married in of community of property,
Brother Peter,
Minor nephew Paul, son of predeceased sister Ester.
Minor adopted niece, Sylvia, daughter of predeceased sister Ester.
Half sister Ruth married in community of property
Using the above and your own facts where necessary

1a/ Draw up a redistribution agreement entered into by the parties. Each heir must receive the
same value that they would have received if the assets could have been distributed in speci.
[20]

1b/Draw up the liabilities section and the distribution account of the deceased. [37]

1c/ How will the share of the minor(s) be dealt with? [3]

QUESTION 2 20

Kurt Schmidt who was resident in Germany, left assets including fixed property in Namibia. His
brother, Jürgen, who resides in Germany, was appointed in a handwritten will to administer his estate.

2a/ List the documents and/or requirements that must be lodged with the Master to have Jürgen
appointed as executor of the Namibian estate. [12]

2b/ Under what circumstances can the provisions of Section 25 of the Estates Act be invoked
[3]
2c/ Name 5(five) “States” whose appointments of executors can be “signed and sealed” by the
Master. [5]

QUESTION 3 20

3a Your client and her late husband’s will created a massing

Advise her as to rights and responsibilities if she;-
i/ accepts the conditions of the will,
ii/ repudiates the will. [4]

3b/ Under what circumstances can an adiation or repudiation be withdrawn? [4]

3b/ Draw up an adiation certificate using your own facts. [12]