Assignment 1 Semester 1 2026
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Due Date: 23 April 2026
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, QUESTION 1
Thabo died intestate in 2025 because he did not leave a valid will. His estate must
therefore devolve in terms of the Intestate Succession Act 81 of 1987. This Act
applies to all intestate estates, including estates of persons married under customary
law, following the Constitutional Court decision in Bhe v Khayelitsha Magistrate.
Representation and disqualification to inherit are also governed by this Act and the
common law.
Determining the child’s share
In terms of section 1(1)(c) of the Act, where a deceased is survived by spouses and
descendants, each spouse inherits either a child’s share or R250 000, whichever is
greater.
To calculate a child’s share, the value of the estate is divided by the number of
children who survived or are represented, plus the number of surviving spouses. The
children to be counted are Malefu, Lerato, Neo, Ernest and Cyril, together with the
two spouses Anna and Basetsana. Dinah is excluded because she predeceased
Thabo.
The estate of R2 100 000 is divided by seven, resulting in a child’s share
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