65166957 N Sukdeo PVL2602 713043 Due: 31/08/2022
QUESTION 1
Intestate Succession Act 81 of 1987, Section 1(1)(c), states that if a person dies
intestate and is survived by both a spouse and a descendant, the spouse will inherit
either the child's share of the intestate estate or the portion of the intestate estate that
does not exceed the amount set from time to time by the Minister of Justice and
Constitutional Development by notice in the Gazette, whichever is greater and the
descendant will inherit any remaining intestate estate According to Government Gazette
38238/2014, presently the sum is R250 000.
Xander's interstate estate amounts to R800 000, he has left 3 surviving spouses -
Belinda, Celia and Dlali. Xander's 5 spires are Kay, Yandi, Frans, Zeno and Hlato.
R800 000/ 3 = R266 666
R266 666 minus R250 000 = R16 666
R16 666 * 3 = R50 000
The spire's share amount adds up to R50 000, thus R50 000/ 5 = R10 000. Each spire
will inherit R10 000 from Xanders estate.
Xander's parents and brother - Mbali, Paul and Sonny will not stand to inherit anything
from the deceased estate as Xander still has living descendants.
QUESTION 2
Andrew may seek the court in accordance with section 2(3) of the Wills Act if Peter asks
the high court to declare the will unlawful due to a failure to follow the formalities.
The court may accept a document as a legitimate will under Section 2(3) of the Wills Act
even though it does not adhere to all the statutory requirements for will execution. The
QUESTION 1
Intestate Succession Act 81 of 1987, Section 1(1)(c), states that if a person dies
intestate and is survived by both a spouse and a descendant, the spouse will inherit
either the child's share of the intestate estate or the portion of the intestate estate that
does not exceed the amount set from time to time by the Minister of Justice and
Constitutional Development by notice in the Gazette, whichever is greater and the
descendant will inherit any remaining intestate estate According to Government Gazette
38238/2014, presently the sum is R250 000.
Xander's interstate estate amounts to R800 000, he has left 3 surviving spouses -
Belinda, Celia and Dlali. Xander's 5 spires are Kay, Yandi, Frans, Zeno and Hlato.
R800 000/ 3 = R266 666
R266 666 minus R250 000 = R16 666
R16 666 * 3 = R50 000
The spire's share amount adds up to R50 000, thus R50 000/ 5 = R10 000. Each spire
will inherit R10 000 from Xanders estate.
Xander's parents and brother - Mbali, Paul and Sonny will not stand to inherit anything
from the deceased estate as Xander still has living descendants.
QUESTION 2
Andrew may seek the court in accordance with section 2(3) of the Wills Act if Peter asks
the high court to declare the will unlawful due to a failure to follow the formalities.
The court may accept a document as a legitimate will under Section 2(3) of the Wills Act
even though it does not adhere to all the statutory requirements for will execution. The
