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  • May 23, 2021
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Assignment: 01

Unique no: 642025

Module: PVL2602

QUESTION 1

When dealing with an intestate estate, only blood relations may inherit intestate from the
deceased. A person who was married to the deceased is considered to be a blood relation,
but as soon as the marriage is ended by divorce, that relationship is also terminated.

In this case, the estate of R2 000 000 must be divided by 2 (R2 000 000 ÷ 2 = R1 000 000),
because the marriage was in community of property – Wendy is therefore entitled to her half
share of the estate. [NB: Wendy is entitled to this amount in terms of matrimonial property
law. She does not inherit this amount.] Derrick’s estate thus amounts to R1 000 000.

According to the Act, a child’s portion is equal to the value of the estate divided by the
number of children who have either survived the deceased or who have predeceased him
(or her), but are survived by descendants, plus the number of spouses.

In this case, there is 4 children plus the spouse, therefore: R1 000 000 ÷ 5 = R2 00 000. A
child’s portion therefore amounts to R200 000.

However, the spouse inherits a child’s portion or R250 000, whichever is the greater amount;
i.e. Wendy inherits R250 000 since that is more than the child’s portion.

The descendants, inherits the remainder of the estate, that is R750 000. (If there were more
descendants, the amount would have been divided between them. Mary and Fred inherit
nothing because they are ascendants and in the collateral line and are excluded by the
descendant.



QUESTION 2

The requirements in terms of section 2(3) of the Wills Act 7 of 1953i that must be
complied with before the court will order the Master to accept a will.

The Master will reject a will as being invalid if it does not comply with the formalities and this
may result in the testator dying intestate;

No will executed on or after the first day of January, 1954, shall be valid unless—

(i) The will is signed at the end thereof by the testator or by some other person in his
presence and by his direction; and

(ii) Such signature is made by the testator or by such other person or is acknowledged by
the testator and, if made by such other person, also by such other person, in the presence of
two or more competent witnesses present at the same time; and

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