Assignment 1 Semester 1 2026
Unique number:
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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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
Children to be counted:
o Surviving children: Cyril, Malefu, Lerato, Neo (4)
o Predeceased child with descendants: Ernest (1)
Dinah is predeceased and is not counted as a spouse.
Total units = 5 children + 2 spouses = 7.
Estate value R2 100 000 ÷ 7 = R300 000 per child’s share.
Inheritance by spouses
A child’s share of R300 000 is greater than the statutory amount of R250 000. Anna
and Basetsana therefore each inherit R300 000, totalling R600 000.
Distribution of the residue