Your clients, the children of testator X...

Asked by Lexandri on 16-10-2023 16:07:50
Question posted in the General Law category relating to Eastern Cape

Your clients, the children of testator X, approach you for legal advice. The late testator X made the following bequest in his will:

 “I bequeath my farm to my children, sons and daughters. Following the death of my children, the farm most pass to my children’s eldest sons and following the death of the said grandsons again and in turn to their eldest sons.”

4.1      Identify the form of substitution the testator is making provision for in the bequest above. Provide a reason for your answer. (2)

4.2      Advise your clients on the constitutional aspects relating to the validity of the provision mentioned above as well as how to address the matter. (6)

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