Summary
Summary of NB info for exam
- Course
- Law
- Institution
- University Of The Witwatersrand (wits)
A full summary of the most important points and info required to ace the exam
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SUCCESSION REVISION EXAMExam:
- Do not right off anything. Everything well be tested. Except for the self-study area.
- Excluded: massing, collation and trusts.
- Intestate succession is all MCQ.
o Look at example 4 below we may be asked what parentala are D and F – 4th parentala.
o Give scenario and ask who will inherit and give several options.
o Do the diagrams for this section in your answer booklet.
- Content:
o Question 1: 20 MCQ ‘’mainly’’ around intestate succession.
o Question 2: questions around a will. Not going to be asked to draft a will but need to do
something very similar to what we did in test. We will get a will.
1 INTESTATE SUCCESSION:
1.1 THEORY
- Biggest problem from the test is that students have not read the question and make
assumptions.
- When someone dies several days after someone else it is not simultaneous – this is stretching
the Greyling decision too far out of context.
o You only presume simultaneous death when it is unclear when a person died – not
when you have expressly been told they died several days later:
- Question in class: does murder-suicide apply to simultaneous deaths?
o The person died at the hand of the other – Maria died at the hand of her husband
o Not in a plane, car crash or terrorist attack where you cannot solve who died first.
o It is clear that they died before the other here.
o You first work out the estate of the person who died – then work out the husbands
estate.* insert example.
- Do not use simultaneous unless they cannot work out any time of death!
- When someone kills another they are disqualified – do not say they are pre-deceased say that
they are disqualified because these are two different things.
o Pre-deceased = you died before the person you are supposed to inherit from
o Disqualification = you cannot inherit because of something you have done.
1.2 EXAMPLES
1.2.1 Surviving spouse and no descendants:
1) the deceased, E, dies without a will, he is survived by his spouse V, his brother S and grandparents G
and H. E and V married out of community of property with accrual. E’s estate amounts to R 300 000 and
, V is entitled to R100 000 [this sentence clearly shows that we need to work out his estate. Sometimes
may say the deceased estate and then do not have to remove accrual]
- We haven’t been given parents – but common sense says just fill it in.
- V will inherit – if there is still a spouse surviving they get it all only move when there is no-one
left at 1st parentala level.
- R300 000- R10000 = R200 000 deceased estate.
- V will receive accrual and inheritance of R200 000
1.2.2 Descendants:
2) the deceased E, dies without a will, E’s spouse V and sons R and S have predeceased him. E is survived
by his son T and two grandsons A and C, children of the predeceased son S. He also has an adopted
daughter X and an extra-marital son F. His enter estate amounts to R 1000 000.
- How many people are going to inherit from E? S, Z,G , T (sometimes may have to explain why
they can inherit – extra-marital children and adopted)
- 1000 000/4 = R250 000 goes to Z, G, and T then half of R250 000 goes to A and C as they are
children of S – but S is pre-deceased.
1.2.3 Parents and descendants of parents:
3) the deceased E dies without a will his parents Pete and Marie has predeceased him. He is survived by
two half-brothers Will and Tim on his father’s side. On his mother’s side he is survived by Al, Betty and
Ciara the children of his predeceased half-brother Hal. His interstate estate amounts to R 600 000.
- There are no full bloods. Half-siblings on either side.
- How many people will inherit from E’s estate.
- Working in 2nd parentela: Divide R600 000 by two. Half goes to each side. R300 000 to F and
R300 000 to M.
- Who gets R 300 00 on Fs side – T and W therefore they get R150 000 each.
- On M’s side A,B,C get R100 000 each.
- Say in exam add a full-blood brother called J who is still alive.
o Division still be two – R300 000 each on F and M.
o Paternal side is now divided by 3 – R100 000 each to T, W and J.
o Maternal side is now divided by 2: remember Hal is the pre-deceased father of A,B,C. J
gets R150 000 and Hs, children – A,B,C will get R50 000 each
1.2.4 Further parentala:
4) E dies without a will. E;s wife V and his daughter Z predeacesed him; his father P and his mother M
also predeceased him; his grandaprents A and B, on the paternal side, and Y and Z on the maternal side
are predeceased. He is survived by his uncle H on his predeceased father side, by his aunt J and his
maternal great-grandparents D and F on his predeceased mothers side. [F is the father of Z]. on his
father’s side E is also survived by K and L, the two sons of his predeceased uncle I. His estate amounts to
R 1000 000. Who will inherit and how much?
- His parents are not alive and there are no descendants. Hence we are dealing with 3rd parentala.
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