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Wanda and Xavier were married out of community of property with the accrual system. Wanda died intestate and left her husband, Xavier, as well as the following surviving relatives: • Her son, Ben. Ben was born out of wedlock from a relationship she had before she got married. • Her daughter, Francis, born from her first marriage to Yoda. Francis refused to inherit from her mother. • Francis’ son Gerald. • Her granddaughter, Dina, the daughter of her predeceased daughter Celeste, who was born from her marriage to Xavier. • Her son, Evert, born from her marriage to Xavier. • Her mother, Mary. Wanda’s estate is worth R500 000 and she is entitled to R100 000 accrual from Xavier’s estate. Calculate how Wanda's estate is going to devolve, giving reasons for your calculations. If a relative will not inherit, explain why this is so.
Testator Tom’s will provides as follows: To my son, Kobus, I leave my farm Sandfontein. When he turns 60 years of age, the farm must go to my grandson, Koos, and then when he turns 60, to his eldest son, Tebogo. Give a definition of each of the following legal concepts and indicate whether they appear in this provision. Give reasons for your answer: Resolutive time clause (3 marks)
Testator Tom’s will provides as follows: To my son, Kobus, I leave my farm Sandfontein. When he turns 60 years of age, the farm must go to my grandson, Koos, and then when he turns 60, to his eldest son, Tebogo. Give a definition of each of the following legal concepts and indicate whether they appear in this provision. Give reasons for your answer:.. Suspensive condition (2 marks)
. Discuss the implications of sections 30 and 31 of the Constitution for the recognition of customary law (5 marks)
Discuss the case and judgement in the case of Gumede v President of the Republic of South Africa & others (CCT 50/08 [2008] ZACC 23, 2009(3) BCLR 243, whilst addressing The facts of the case (4marks)
Prescription of a debt or a claim is unknown in customary law. Evaluate this statement
Should governments censor the media? Write an argumentative essay start with explaining 'censorship '
“An omission to act is only punishable if there is a legal duty upon a person to act positively”. List the instances in which a person has a legal duty to act positively
Which one of the following does not refer to private african customary law
Discuss mediation and judicial control according to african customary law as remedies available to a party who is aggrieved by a traditional leaders ADMINISTRATIVE actions
