Exam (elaborations)
Law of Succession - PVL Assignments 1 & 2
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Assignments 1 & 2 for 2021 Law of Succession
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LAW OF SUCCESSION - PVL2602
Assignment 1 - 729421
Question 1
According to the facts given, Wanda is entitled to R100 000 accrual in terms of
matrimonial property law – she does not inherit this.
This amount must be added to Wanda's estate before dividing her estate in terms
of intestate succession rules :
R500 000 + R100 000 = R600 000.
1) The amount in Wanda's estate available for division is therefore R600 000.
2) Wanda had a spouse and children –
According to section 1(1)(c) of the Intestate Succession Act applies the spouse
inherits either a child’s share or R250 000 statutory amount or whichever is the
greater.
3) A child’s share is calculated by :-
4) Dividing the value of the intestate estate by the number of children of the
deceased who have either survived him/her or have predeceased him/her but are
survived by their descendants, plus one (for the surviving spouse).
5) To calculate the child’s share we therefore we add: -
Ben, Francis, Celeste and Evert plus one (for spouse) and divide the estate of
R600 000 by 5. Celeste is survived by her daughter, Dina.
THUS a child’s share equals R600 000 ÷ 5 = R120000.
6) Xavier therefore inherits R250 000 and he also inherits Francis’s share (R350 000
÷ 4 = R87500),
7) Since Francis repudiates it, and in terms of Section 1(6) of the Intestate
Succession Act ; -
the surviving spouse is entitled to the benefit. Thus, Xaviers inherits
R337500 (R250000 + R87500).
8) Dina inherits R87500 by representation.
14) Ben receives R87500.
15) Evert receives R87500
17) Mary does not qualify to inherit since ascendants are excluded if theres
descendants.
1
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