PVL2602
Assignment 1 Semester 1
Unique No: 279194
Due 23 April 2026
, Question 1
How will Thabo’s intestate estate devolve and how much will each heir
receive?
Applicable law
Because Thabo died intestate in 2025, the estate devolves according to the Intestate
Succession Act 81 of 1987, as interpreted in light of the Recognition of Customary
Marriages Act 120 of 1998 and relevant case law. All valid customary marriages are
recognised, including polygynous marriages (Recognition of Customary Marriages Act s
2).
The rules applicable here are those dealing with:
• A deceased survived by spouses and descendants
• Representation
• The unworthiness to inherit
• Multiple spouses in intestate succession
Step 1: Identify surviving spouses
Thabo was married in terms of customary law to:
• Anna (alive)
• Basetsana (alive)
Dinah was also a valid customary wife but predeceased Thabo in 2020. A predeceased
spouse does not inherit in intestate succession.
Surviving spouses:
• Anna
• Basetsana
Assignment 1 Semester 1
Unique No: 279194
Due 23 April 2026
, Question 1
How will Thabo’s intestate estate devolve and how much will each heir
receive?
Applicable law
Because Thabo died intestate in 2025, the estate devolves according to the Intestate
Succession Act 81 of 1987, as interpreted in light of the Recognition of Customary
Marriages Act 120 of 1998 and relevant case law. All valid customary marriages are
recognised, including polygynous marriages (Recognition of Customary Marriages Act s
2).
The rules applicable here are those dealing with:
• A deceased survived by spouses and descendants
• Representation
• The unworthiness to inherit
• Multiple spouses in intestate succession
Step 1: Identify surviving spouses
Thabo was married in terms of customary law to:
• Anna (alive)
• Basetsana (alive)
Dinah was also a valid customary wife but predeceased Thabo in 2020. A predeceased
spouse does not inherit in intestate succession.
Surviving spouses:
• Anna
• Basetsana
