LAW OF SUCCESSION (EPLL4208)
Faculty of Law and Political Science (FLPS)
Semester: Second Semester
Level: 400
Year: 2018
THE UNIVERSITY OF BAMENDA
P.O. BOX 39 Bambili
REPUBLIC OF CAMEROON
Question 02 (6pts)
In 2005, Alice
made
a
will
leaving all
her
estate
to Jack, her
nephew
and only living relative. Alice
died recently, aged 83, leaving an estate
worth 150 000 000 Frs
net. For
five
years
previously, Alice
had
employed Ernest to look after
her
affairs. Six months
ago, Alice
had said to a
friend Ruth, 'I
leave
all
my
affairs
to Ernest
now
and sign anything he
put
before
me. He
is
indispensable
to me
and if
I
refuse
to agree
with any thing he
would lose his temper. My nephew
Jack must have forgotten me; I never see him now'
In fact Jack had visited her weekly.
Two days before Alice’s death, Ernest dictated to his Secretary a will leaving all Alice’s estate to Ernest.
When the will was typed. Ernest produced it and said to Alice ‘Here is the will made just
as you wanted
it' Alice who was ill and weak signed it without having read it and it was duly attested.
Advise Jack.
Question 03 (6pts)
The rule, “a will speaks from the grave’ is a principal source of the instability of testamentary
disposition. Discuss with reference to one manifestation of such instability.
Time:8h-llh
Instructions:
Attempt
questions
one
and
two others. You are
reminded of
the
need for
good
English, orderly presentation of
your
materials
and the
use
of
authorities. All
cases
mentioned must
be underlined.
Department: EPL
Faculty: Law and Political science
Lecturer:
Dr. Mbetiji
Mbetiji
Michel
Course code: Course Title: Law of Succesion
Examination Semester: First Date: 17/02/2018
Question 01 (Spts)
In 1999, Terence made a will by which he gave:
(i)
1 000 000 Frs to Mark, “to be paid out of the Bank accounts”;
(ii)
2 000 000 Frs to Rogers “to be paid out of my Post office saving account”;
(iii)
A complete set of the first editions of the collected works of Charles Dickens to Elliot, and
(iv)
“The residuary of my estate to my three children in equal shares.”
Before his death, Terence had:
(a)
Withdrawn money from
his
BICEC, FIRST
TRUST, and CREDIT
UNION
Accounts
and
constructed a house which is presently occupied by his family.
(b)
Closed his
POST
OFFICE
SAVING
Account
aid made
up the
money to purchase
two taxis
which are presently' on the road.
(c)
Sold his complete set of the first editions of the collected works of Charles Dickens.
At his death, Terence had three children, Cecil who is still alive, Marvis who died
before Terence without children and Peter who died a week before Terence and whose only child
Alex is just a week old. Terence died in 2010.
Advice on the effects of the gifts contained in the will.
Peace - Work - Fatherland
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