Assignment 1 Semester 1 2026
Unique number: 279194
Due Date: 23 April 2026
QUESTION 1
Thabo died intestate in 2025. Intestate succession in South Africa, including estates of
persons married under customary law, is governed by the Intestate Succession Act 81 of
1987, as confirmed in Bhe v Khayelitsha Magistrate. Because Thabo is survived by spouses
and descendants, section 1(1)(c) applies.
Determining the child’s share
Where a deceased is survived by spouses and descendants, each spouse is entitled to the
greater of a child’s share or the statutory amount of R250 000. A child’s share is calculated
by dividing the value of the estate by the number of children who either survived the
deceased or predeceased the deceased leaving descendants, plus the number of spouses.
Thabo left:
Two surviving spouses: Anna and Basetsana
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