Question 1
1.1 S2C(2) tells us that if a benefit is vested in a spouse and a descendant of the testator, and a descendant repudiates, then then the benefit vested to the descendant who repudiates will go to the spouse.
The testator left his estate in equal shares to his wife (his spouse) and to his child (X). X repudiates, therefore I would have to give the entire estate (the spouses share plus the child’s share) to the spouse (T’s wife).

1.2 This is a matter dealing with class bequests and in this case, the class of people is all the children of D. To see which of T’s grandchildren (D’s children) can inherit from him, we need to look at the Wills Act and the Intestate Succession Act.
X is a child born out wedlock: s1(2) of the Intestate …show more content…
S2D(1)(a) of the Wills Act states that an adopted child is regarded as the natural child of the adoptive parents. So an adopted child (Y) falls under the scope of being T’s grandchild in this …show more content…
T nominates Z (D’s husband) as executer of his estate.
Z and X (their friend) sign as witnesses.

S4A(1) of the Wills Act states that if a person signs as a witness they are unable to inherit from the will. It also states that a spouse to someone who signs as a witness shall also be disqualified from inheriting in terms of that will.
S4A(3) states that being nominated as executor is regarded as a benefit in terms of the will. Spouses of people who are beneficiaries in terms of a will are also not allowed to accept nominations to be the executor of a will.

a) Z has no capacity to receive a benefit of being the executor of T’s estate from the will (s4A(3)) because he signed as a witness (s4A(1). He also has no capacity to accept the nomination of executor because his spouse is benefiting from the will (s4A(3).
D also has no capacity to receive a benefit in terms of the will because her spouse signed as a witness (s4A(1)).
Therefore, they are both unqualified to inherit
.

b) S4A(2) of the Wills Act lists possible exceptions to s4A(1) and (3). S4A(2)(a) states that the persons can obtain a court order to inherit if they can prove that they did not “defraud or unduly influence the