ANSWERS LEGAL PRACTITIONERS EXAMINATION OCTOBER 2001

Question 1

DISTRIBUTION ACCOUNT

Balance for distribution 500 000

To Addie Saunders surviving Spouse
½ by virtue of marriage I.C.O.P. 250 000
1/10 i.t.o laws of intestate succession 50 000 300 000
Award consists of cash

To Brian Saunders major.

1/10 intestate 50 000
Award consists of cash

To Cathy Jones married in

Community of property to Peter Jones
1/10 intestate 50 000
Award consists of cash

To Doreen Peters , married out of

Community of property
1/10 intestate 50 000
Award consists of cash

To George Saunders minor born ……….

i.d. no …………………….
1/20 intestate 25 000
Award consists of cash

ToHester Saunders minor born ……….

i.d. no …………………….
1/20 intestate 25 000
Award consists of cash

500 000 500

000
Question 2

1 Title deed description of fixed property

2 Movable property
3 Voucher number
4 Value of each asset
5 Divestment note
6 Total of assets
7 Administration costs
8 Name of each creditor and amount of claim
9 Balance for distribution

Question 3
Botswana
British Guinea
British Columbia
Channel Islands
Eire
Great Britain and Northern Ireland
Kenya
Lesotho
Malawi
New South Wales
New Zealand
R.S.A.
Swaziland
Tanzania
Victoria
Zambia
Zimbabwe

3(b) Death notice

death certificate
Authenticated copy of the will
Inventory of the Namibian assets
2 authenticated copies of the letters of executorship issued by the authorities of
the State.
Bond of security
Power of attorney in favour of a Namibian agent
Domicilium address in Namibia of the Executor
 3© These estates will be dealt with in the same way as an estate of a person resident
in Namibia

Question 4

Estate Late ……………………… No …………

Affidavit in terms of section 38

I the undersigned ………………….. widow, hereby make oath and say that I am the surviving
spouse of the late …………… to whom I had been married in/out of community of property

In the best of my knowledge and belief the estate assets and liabilities consist of the following:

Assets
…………………………….
……………………………
liabilities
…………………………..
…………………………..

I hereby request your consent to the taking over of the following assets in terms of section 38
…………………………….
……………………………..
the reason for the taking over is that assets which form part of the residue ……………………
………………………………

the beneficiaries in terms of the last will and testament of the deceased are ……………………
…………………….

The taking over will not be to the minor’s disadvantage as his inheritance will be paid into the
guardians fund

I will pay sufficient cash into the estate so that all liabilities and the cash awards to the heirs will
be paid in full

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

……………………………
signed and sworn before me ………………………..
Question 5 (a)
1 the parent, child or surviving spouse
2 an executor nominated in a will dated prior to October 1013 and was not directed
to furnish security
3 nominated in a will dated after 1913 and exempted from security
4 the court directs otherwise

Question 5(b)

an executor who is insolvent or who is resident outside Namibia