Legal Practitioner'S Qualification Examination Mar 2007 Answers

LEGAL PRACTITIONER'S QUALIFICATION EXAMINATION MAR 2007
ANSWERS.
QUESTION 1
1.1 The unwitnessed will must also be lodged with the master. He must refuse to accept the unwitnessed
will.
1.2 LETTER HEAD
The Master of the High Court,

Private Bag 13190,
WINDHOEK.
Estate Late J.de Wet.
We advise that we are attending to the administration of the estate of the late J de Wet who died on 1
October 1996. In reporting the estate we enclose the following:
1 Original wills dated 10 March 1990 and 14 August 1994.

2 Death notice
3 Section 9 inventory (preliminary inventory)
4 Acceptance of trust in duplicate
5 Certified copy of the death certificate
(6 Bond of security for the full value of the assets unless exempted in the will.
Kindly issue the letters of executorship as soon as possible.
Yours faithfully,
Smith and Co.
1.3 Nominations by the reletives for the appointment of an executor. A bond of security for the full value
of the assets unless the nominee is the parent, child or surviving spouse of the deceased. Next of kin
affidavit if heirs are persons other than the surviving spouse.
Question 2.
LIQUIDATION ACCOUNT
LIABILITIES
Notice to creditors
Government Gazette 20.00
……………………… ………..
Advertisement of Account
Government Gazette 20.00
……………………… ………..
Bank Charges …………
Masters Fees 3 000.00
Executor's remuneration
3 1/2% on 1400 000.00 49 000.00
VAT 15% on49 000 7 350.00
J. Smith Sworn Appraiser …………….

GHI Inc Auditor's valuation of shares
in private co. ………….
def Brokers Commission on sale of shares …………………..
Jones and Co Conveyancing costs ……………..
…………………………………….. …………………
Balance for distribution 1 250.000

1 400 000.00
Question 3.
3.1 In terms of section 8 of Act 66 of 1965 the will of any deceased person Must be forwarded to the
Master and to no one else.
3.2 As "X" has been nominated as executor in the will he is entitled to his appointment irrespective of the
heirs views, however as the executor must act in co-operation with the heirs it may be advisable for
"X" to renounce the nomination.
4.3 The Master will appoint the nominee of the surviving spouse in terms of section 19 of Act 66 of 1965.
Question 4.1
AFFIDAVIT BY SURVIVING SPOUSE
ESTATE LATE ………ESTATE NO ......../05
AFFIDAVIT IN TERMS OF SECTION 38 OF Act 66 OF 1965
I, the undersigned, ………widow, hereby make oath and say that I an the surviving spouse of
the late ……….to whom I had been married out of community of property.
To the best of my knowledge and belief the Estate Assets and Liabilities consist of the
following:
ASSETS
1………………………… 150 000.00

Movables 60 000.00
LIABILITIES
2 Claims against the estate 104 000.00

3 Administration expenses 12 000.00
I hereby request your consent to the taking over of the following assets in terms of section 38
of the Act;
Erf ……. 150 000
Movables 60 000
The reason for the taking over is that these assets, which form part of the residue, can not be
transferred to the residuary heirs, one of whom is still a minor.
All liabilities will be paid in cash out of the estate.
The beneficiaries in terms of the laws of intestate succession are I, the surviving spouse,
..........., my daughter, and grandsonson ………..
The taking over will not be to the minor's disadvantage as their inheritances will be paid into
the Guardians Fund.
I will pay sufficient cash into the estate so that all the liabilities and awards to heirs will be
paid in full.
I have no intention of selling the assets in the near future.
................................
Mary Smith
Signed and sworn before me in Windhoek, this ...............day .......... of .......... 20.......
...............................
Commissioner of Oaths
Question 4.2
DISTRIBUTION ACCOUNT
Balance for distribution 108 000

To …………… Surviving spouse
½ By virtue of the marriage 54 000
½ funeral expenses 2 000
Childs share 17 333 73 333
Award consists of
Fixed property 150 000
Movables 60 000
Less cash paid in 136 667 73 333
To ………………. Married icop to ……….

Childs share 17 333
Award consists of cash
To ……………. Minor born ………..ID no ………

Childs share 17 334
Award consists of cash
108 000 108 000
Question 4.3
………………………… S/S
½ by virtue of marriage 54 000
½ funeral expenses 2 000
½ ITO act 26 000
Childs share 8 666 90 667
………………………. Childs share 8 667

………………………. Childs share 8 667

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LEGAL PRACTITIONER'S QUALIFICATION EXAMINATION MAR 2007

1.2 LETTER HEAD

The Master of the High Court,

Estate Late J.de Wet.

1 Original wills dated 10 March 1990 and 14 August 1994.

Kindly issue the letters of executorship as soon as possible.

Smith and Co.

Bank Charges …………

Masters Fees 3 000.00

J. Smith Sworn Appraiser …………….

def Brokers Commission on sale of shares …………………..

Jones and Co Conveyancing costs ……………..

Balance for distribution 1 250.000

1………………………… 150 000.00

2 Claims against the estate 104 000.00

All liabilities will be paid in cash out of the estate.

I have no intention of selling the assets in the near future.

Balance for distribution 108 000

To ………………. Married icop to ……….

To ……………. Minor born ………..ID no ………

………………………. Childs share 8 667

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