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(Solved) GSP165 The Law and You Tutor-Marked Assignment 02 January 2017 Semester Copyright 2017 SIM University GSP165 Tutor-Marked Assignment TUTOR-MARKED


Outline: Identify and explain the sole ground for divorce

- Identify the beneficiaries that the law recognizes in the event that a person dies without having made a Will.

There are TWO parts to the question

1) Section A: True or False. Need to explain why "True or False"

2) Section B : Open-ended questions

I have attached my assignment

GSP165
The Law and You
Tutor-Marked Assignment 02
January 2017 Semester Copyright © 2017 SIM University GSP165 Tutor-Marked Assignment TUTOR-MARKED ASSIGNMENT 02
This tutor-marked assignment is worth 40% of the final mark for GSP165 The Law and You. The cut-off date for this assignment is 2355 hours on 09 March 2017.
_________________________________________________________________________________ Submit your solution document in the form of a single MS Word file through MyUnisim
Blackboard on or before the cut-off date shown above.
Additional instructions:
1. You will need to indicate clearly on the front page your name, student ID, course title and
assignment number.
2. You must document all information that you use from another source, or you will be
penalised severely. If you copy from the work of another student, regardless of the course
or programme, you will be severely penalised. You are required to submit this
assignment within the stipulated cut-off date. You are not permitted to re-use material
from past assignments whether in part or in full. All of the above actions can result in
your failing the TMA.
_________________________________________________________________________________ Scope
This TMA tests your ability to:
- Identify and explain the sole ground for divorce.
List and explain the facts that are recognised at law in support of a divorce.
State the pre-condition that applies to a party who wishes to file a Writ for Divorce in the
early days of a valid marriage.
Identify the issues that arise as consequences of the dissolution of a marriage, commonly
termed ‘ancillary matters.’
Understand and explain the process that is set in motion when a person passes away.
Identify the beneficiaries that the law recognises in the event that a person dies without
having made a Will.
Identify the order of priority of beneficiaries of the estate of the person who died intestate.
Understand the responsibilities of a person who assumes the role of the administrator of
the estate of a deceased person who died intestate. In addition to lecture slides and notes provided in this course, you may wish to go through
cited textbook extracts referred to in the Study Guide for more in-depth understanding of the
topics covered in this assignment. SIM UNIVERSITY Tutor-Marked Assignment – Page 2 of 5 GSP165 Tutor-Marked Assignment Please note that the word limits indicated are guides only; no penalty for exceeding or not
reaching the word limits.
Section A: Answer ALL questions (3 marks each)
Question True 1 There is only one ground for a divorce 2 A voidable marriage remains valid until one of the
parties chooses to make it void, or invalid 3 A married woman cannot hold property in her own
name, and must hold it in the name of her husband 4 The Women’s Charter only allows monogamous
marriages 5 A valid marriage licence must be issued before a
marriage can be contracted 6 A soldier in active military service who is under 21
years of age may make a valid Will 7 The person who makes a Will is a “testator” 8 The property of a person who dies without having
made a Will goes straight to the State 9 Only the legal spouse may inherit under the Intestate
Succession Act 10 Property under Joint-Tenancy title cannot be dealt
with by way of a Will SIM UNIVERSITY False Tutor-Marked Assignment – Page 3 of 5 GSP165 Tutor-Marked Assignment Section B
Question 11
Please explain in your own words what you understand when it is said that a property is
owned by 2 persons as “joint-tenants”. (6 marks) (No word limits, but please be precise)
Question 12 (No word limits, but please be precise)
Please identify:
(a) The essential qualities that a person must have if he/she wishes to make a Will. (6
marks)
(b) Please identify 3 types of assets that cannot be transmitted under a Will. (6 marks)
(c) Please explain how the assets that you have listed in question 12(b) above will be
transmitted upon death of their owner. (8 marks)
Question 13
In your own words, please explain the circumstances in which a marriage is deemed to be
void at law. Please also explain how such a situation may arise and what the effects would be.
(20 marks) (100 – 150 words)
Question 14
(a) Please explain the first six (6) Rules of Distribution of the estate of a person who dies
without having made a Will. (12 marks) (300 – 400 words)
[Note: Rather than repeat the words of the provisions, state your understanding of
each of the Rules of Distribution in your own words].
(b) Daisy died intestate. She left behind a huge estate. Her next-of-kin are wondering who
would inherit her huge estate. Daisy was a childless widow, whose mother (who was
also a widow) passed away one month before her. She had 3 siblings, but only one
sister survives her. Of her 2 other siblings, one brother died in a diving accident when
he was a teenager. The other brother passed away 2 years ago, leaving behind his wife
and 3 children. Who, in your opinion, would inherit Daisy’s estate? Please explain
your answer by reference to the applicable laws. (12 marks)
Guidance Notes
1. Submit your assignment in the form of a single MS Word file on or before the cut-off
date shown above.
2. Please use one of the following fonts:
(a) Palatino Linotype
(b) Arial
(c) Calibri SIM UNIVERSITY Tutor-Marked Assignment – Page 4 of 5 GSP165 Tutor-Marked Assignment 3. Font size must be 12.
4. The document must be double-spaced.
5. The best answers to this TMA will be the ones that offer original, thoughtful ideas and
arguments.
6. You must use proper referencing and citation formats, where necessary.
7. Remember to use accurate grammar, correct sentence structures and a tone
appropriate to academic writing. ----- END OF GSP165 TMA ----- SIM UNIVERSITY Tutor-Marked Assignment – Page 5 of 5

 


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