LPL4804 ASSIGNMENT 2 SEMESTER 1 – 2023

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LPL4804 ASSIGNMENT 2 SEMESTER 1 – 2023

QUESTION 1

A section 38 take-over occurs at the discretion of the Master where in order to preserve
the assets of the estate as a whole for the benefit of the surviving spouse and deceased’s
children, allows the surviving spouse to take over all or part of the estate assets at
valuation, even though the children or other heirs may be entitled to some of these estate
assets. In such a take-over, the surviving spouse will usually be required to furnish the
Master with a bond over the property to secure the rights of the minor heirs.

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