The University of the South Pacific          
Examinations
Semester 2 2003
Emalus Campus
 

 

 

SCHOOL OF LAW

 

 

COURSE NAME:                                   Succession

 

 

COURSE NO:                                                LA303

 

 

TIME ALLOWED:                                  Two (2) hours

 

 

READING TIME:                                    Ten (10) minutes

 

 

NUMBER OF PAGES:                            Three (3) excluding this page

 

 

NUMBER OF QUESTIONS ON PAPER: Seven (7)

 

 

NUMBER OF QUESTIONS TO BE ANSWERED: Five (5) only 

 

 

MARK ALLOCATED FOR EACH QUESTION:      Equal

 

 

TOTAL MARKS:                                    Forty (40) percent of final result.

 

 

 

MATERIALS PERMITTED IN EXAMINATION ROOM:

 

None

 

 

 

 

 

SPECIAL INSTRUCTIONS

 

1.      Complete the full paper.

2.      Part A (consisting of question 1 only) is compulsory.

3.      Read all the questions and the instructions carefully.

4.      You can answer any question with reference of the law of any USP country except where otherwise indicated or required.

5.      Some questions have internal components. Read the instructions carefully.

 

 

 

LA303 Succession – 2003 Examination

Page 1 of 3 pages

 

PART A IS COMPULSORY

 

 

 

PART A

 

 

 

Question 1

 

Consider the following facts:

 

(a) On 14th September 1997 James who was 80 years of age wrote out a document. The document said : "This is the will of James. I want my only child Alisia to be the executor". The document was properly signed by James and two witnesses.

 

(b) On 9th May 1998 James married Betta.

 

(c) On 14th December 1999 James wrote out another document. It said: “I, James, want some changes to my will. I give my house to Alisia.” He signed the document then took it to Viliame and Tomasi. He said to them: ” Both of you need to sign this as witnesses. You know my signature. There it is. I’ve done it already.” They then both signed the document next to James’ signature.

 

(d) On 4th July 2000 James was divorced from Betta by formal court order.

 

(e) On 10th January 2001 James was admitted to the Wanabe Home for the Mentally Infirm after a court order was obtained by Alisia declaring that he was incapable of managing his own affairs by reason of his advanced age and declining condition.

 

(f) Sometime in February 2001 whilst in hospital James wrote out another document which said: “The time has come for me. In place of everything I have previously done as My Will I now want my property to pass according to the Will of God.” It was properly signed and witnessed as required for a legal will. The two witnesses said they did not read the document, nor did they know what it was. They just did as James asked. Both said that he seemed to be happy and excited at the time and that he had a normal conversation with them about current affairs and the weather.

 

(g) James died in the home on 10th March 2002

 

What is the total legal effect of what has occurred. You may answer with reference to the law of any USP country. Do not base your answer on the Family Provision legislation.

 

 

LA303 Succession  – 2003 Examination

Page 2 of 3 pages

 

 

 

PART B – ANSWER ANY FOUR  QUESTIONS FROM THIS PART, BUT FOUR ONLY.

 

 

 

Question 2

 

Write brief notes on any three (3) only of the following:

 

(a)    the requirement that a testator should know and approve the content of his/her will;

(b)   the statutory notice protecting a legal personal representative who is about to distribute;

(c)    a grant of administration cum testamento annexo (c.t.a)

(d)   the forfeiture rule

(e)    the right to renounce probate

 

N.B. Do not answer more than three parts

 

 

 

 

Question 3

 

Savenaca’s one page will was properly executed in 1987.  The will said “I leave everything to my loving wife Seini. I appoint my wife Seini sole executor.” It contained no other provisions. In 1991 he had an argument with Seini and moved out of the family home. He never returned.

 

In 1996 he took his will and wrote on it in the left hand margin in his own handwriting in red ink the words: “This document was completely revoked because I have ceased the relationship with my wife. From then on she had no legal claim to my property. I now intend to marry someone else.”

 

After writing this Savenaca signed the document at the bottom of the page using a blue pen. Two independent witnesses saw him sign. Both were present at the time. They also signed on the document, but at the top of the page using a black pen

 

In 1997 Savenaca, after he had drunk a few glasses of wine one night, took a knife and scratched out the name of Seini in the will leaving the other words as they were.

 

In 2000 Savenaca was killed in a motor vehicle accident.

 

Based on these facts write a legal opinion on the legal effect of the 1987 will.

 

LA303 Succession – 2003 Examination

Page 3 of 3 pages

 

 

Question 4 - ANSWER PART A OR PART B

 

 

A. The armchair principle allows some kinds of evidence to be admitted to assist in the interpretation of wills. Cases of equivocation are different because they allow different kinds of evidence to be admitted. Explain the differences.

 

OR

 

B. Normally if a beneficiary named in a will has died the gift lapses. There are some exceptions to this. Explain what these exceptions are.

 

 

 

 

Question 5

 

Write and essay explaining the difference between a general legacy, a specific legacy and a demonstrative legacy. Provide examples of each one in your answer. Also explain why it is significant to differentiate between these types of legacy.

 

 

 

Question 6

 

Suppose you have a client who is the executor and trustee of a deceased estate. All of the debts and expenses of administration of the estate have now been paid. The will is straightforward enough. It leaves a house property to the spouse; a motor car to the daughter and the balance of the estate upon trust for the Hermetic Society of St. Anthony which is a registered and existing charitable organisation. The residue of the estate consists of company shares and cash.

 

Your client consults you asking for a general advice on what has to be done now to bring the estate to an end. Provide that advice.

 

 

 

Question 7 - ANSWER BOTH A and B

 

A. Provide a summary of the main duties of a legal personal representative.

 

AND

 

B.  Explain the main features of the intestate distribution rules as they exist in any USP jurisdiction you choose