Description
LJU4804 Assignment 1 Semester 2 Memo | Due 29 August 2025. All questions fully answered. Mrs Musonga executed a will in Malawi in 2006 whilst domiciled in Zambia. In terms of this will, she
appointed her husband as her sole heir. In 2010, she divorced her husband and moved to South Africa
where she established a domicile in Johannesburg. She purchased three properties in Gauteng between
2011 and 2014. In 2011, she executed a second will while on a business trip in Germany. The second
will expressly revoked the first will and appointed her mother as her sole heir. In 2019, Mrs Musonga
died in a car accident in Bristol, England. The accident that led to her death was caused by a drunk
truck driver who works for an international transport company incorporated in and with its principal
place of business in Cape Town, South Africa. From 2010 until her death in October 2019, Mrs
Musonga was domiciled in South Africa, but retained her Zimbabwean citizenship throughout her life.
In terms of the law of Zimbabwe, P and K are her intestate heirs; in terms of German law, R and S are
her intestate heirs and in terms of South African law, M and L are her intestate heirs.
1.1. Mrs Musonga’s first will was formally valid in terms of the law of the place of execution
only. Her second will is found to be formally invalid in terms of all the possible testing systems as
per section 3 bis (1)(a) of the Wills Act, but valid in terms of Malawian law. Who inherits Mrs
Musonga’s estate? Discuss. (Note: You have do discuss 3 bis (1)(d) of the Wills Act 7 of 1953).
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