IND2601
Assignment 2
Semester 1 2026
, QUESTION A
The updated definition of the term “descendant” is made up of the following;
1. Definition as per the Intestate Succession Act in accordance with common-law:
Those who are confirmed to be blood relatives of the deceased.
Those who were adopted by the deceased1.
2. Definition as per Customary Law:
Those who, prior to the death of the deceased, were accepted by the
deceased according to Customary Law as their own child
A woman who, prior to the death of the deceased, was accepted by the
deceased according to Customary Law as a woman from a substitute
marriage
A woman who, prior to the death of the deceased, was accepted by the
deceased according to Customary Law as a woman in a same-sex marriage2.
This amendment aims to protect the widows and certain children in general, as well as
the welfare of the family members in accordance with changes in social circumstances.
Further to the above, this reform also ensures that the Laws of South Africa are
harmonized due to the fact that the Intestate Succession Act is enforced over all
intestate estates regardless of whether the person in question is subject to Customary
Law.
1 Bekker JC, Rautenbach C & Goolam NMI (eds) Introduction to legal pluralism in South Africa (2010) LexisNexis Butterworths.
2 The University of South Africa Muckleneuk, Pretoria African Customary Law: only study guide for IND2601 (Unisa Pretoria 2017)
2
This study source was downloaded by 100000838663848 from CourseHero.com on 09-03-2022 08:39:27 GMT -05:00
https://www.coursehero.com/file/94125297/IND2601-ASSIGNMENT-1docx/
Assignment 2
Semester 1 2026
, QUESTION A
The updated definition of the term “descendant” is made up of the following;
1. Definition as per the Intestate Succession Act in accordance with common-law:
Those who are confirmed to be blood relatives of the deceased.
Those who were adopted by the deceased1.
2. Definition as per Customary Law:
Those who, prior to the death of the deceased, were accepted by the
deceased according to Customary Law as their own child
A woman who, prior to the death of the deceased, was accepted by the
deceased according to Customary Law as a woman from a substitute
marriage
A woman who, prior to the death of the deceased, was accepted by the
deceased according to Customary Law as a woman in a same-sex marriage2.
This amendment aims to protect the widows and certain children in general, as well as
the welfare of the family members in accordance with changes in social circumstances.
Further to the above, this reform also ensures that the Laws of South Africa are
harmonized due to the fact that the Intestate Succession Act is enforced over all
intestate estates regardless of whether the person in question is subject to Customary
Law.
1 Bekker JC, Rautenbach C & Goolam NMI (eds) Introduction to legal pluralism in South Africa (2010) LexisNexis Butterworths.
2 The University of South Africa Muckleneuk, Pretoria African Customary Law: only study guide for IND2601 (Unisa Pretoria 2017)
2
This study source was downloaded by 100000838663848 from CourseHero.com on 09-03-2022 08:39:27 GMT -05:00
https://www.coursehero.com/file/94125297/IND2601-ASSIGNMENT-1docx/
