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PVL 2602 assignment 1 second semester 2023 law of succession

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Question 1 Ayanda and Cele were married in community of property in 1999 and a son, Dan was born in 2001 from this marriage. Ayanda and Cele were divorced later in 2001. Ayanda then married Ben out of community of property in 2003. Three children were born from their marriage, namely Xandi, Yvette ...

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  • July 25, 2023
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PVL2602
Law of Succession
Assignment 1
Second semenster 2023






 Explanations



 Plagiarism free



, Question 1

Ayanda and Cele were married in community of property in 1999 and a son, Dan was born in

2001 from this marriage. Ayanda and Cele were divorced later in 2001.

Ayanda then married Ben out of community of property in 2003. Three children were born from
their marriage, namely Xandi, Yvette and Zoya. Xandi had a child, Mary.

In 2004, Ayanda and Ben made a mutual will in which they bequeathed their entire estates to

each other. On 1 April 2022, Ayanda and Ben were divorced and on 1 May 2022, Ayanda again

married her childhood sweetheart, Cele. This second marriage to Cele was again in community
of property. The couple’s child, Dan, died in 2020 but left four children, Junior, Eve, Fiona and
Siya. In addition, Cele also has a child from a previous marriage with Wendy, namely Gerald.

Ayanda died on 21 May 2022. Ayanda and Cele’s joint estate is worth R3 000 000. Explain how
the estate will be divided after Ayanda’s death and give reasons for your answer.

(10)




To determine how Ayanda's estate will be divided after her death, we need to consider the legal
principles and relevant laws governing the distribution of assets in South Africa. Based on the
provided information, let's break down the process step by step:

Marriage in community of property (1999 - 2001):

During the marriage between Ayanda and Cele in community of property, they each owned an
undivided half-share of the joint estate. This means that upon Ayanda's death, Cele would be
entitled to half of the joint estate.

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