Law of Succession (PVL2602): Assignment 1
Unique Number: 657835
Due date: 11 September 2020
Question 1
This question deals with the devolution of the deceased estate if he has died intestate
(meaning, without a will).
Xeno died intestate because he did not leave a will. If a person of any other racial
group died intestate, whether he or she died before or after 27 April 1994, his or her estate
would devolve according to the Intestate Succession Act.
However, the new definitions of ‘spouse’ and ‘descendant’ endorsed in Daniels v Campbell,
Gory v Kolver, Hassam v Jacobs and Govender v Ragavayah, would only be applicable if a
deceased died on or after 27 April 1994. In this instance the deceased died in 2008 after
27-04-1994 and is applicable.
➢ Vera is entitled to R500 000 as accrual in terms of matrimonial property law; this
amount is subtracted from Xeno’s estate: R1 500 000 – R500 000 = R1 000 000.
➢ The total value of Xeno’s estate to be divided in terms of intestate succession law:
R1 000 000.
➢ Vera is entitled to inherit either a child’s portion or a statutory determined minimum
amount of R250 000, whichever is the most (s 1(1)(c).
➢ A child’s portion is calculated as follows: the value of the estate is divided by the
number of children.
➢ Who have either survived the deceased
➢ As well as the children who have predeceased him but are survived by descendants
➢ Plus the number of spouses left by the deceased (s 1(4)(f) (one in this instance).
➢ A child’s portion = R1 000 000 divided by (Abel and Carl) + children that
predeceased him but left descendants (Bobby and Ethel) + 1 spouse.
➢ A child’s share is therefore calculated by dividing the value of the estate by 5 (4
children plus one spouse).
➢ R1 000 000 ÷ 5 = R250 000. A child share is therefore R250 000.
Unique Number: 657835
Due date: 11 September 2020
Question 1
This question deals with the devolution of the deceased estate if he has died intestate
(meaning, without a will).
Xeno died intestate because he did not leave a will. If a person of any other racial
group died intestate, whether he or she died before or after 27 April 1994, his or her estate
would devolve according to the Intestate Succession Act.
However, the new definitions of ‘spouse’ and ‘descendant’ endorsed in Daniels v Campbell,
Gory v Kolver, Hassam v Jacobs and Govender v Ragavayah, would only be applicable if a
deceased died on or after 27 April 1994. In this instance the deceased died in 2008 after
27-04-1994 and is applicable.
➢ Vera is entitled to R500 000 as accrual in terms of matrimonial property law; this
amount is subtracted from Xeno’s estate: R1 500 000 – R500 000 = R1 000 000.
➢ The total value of Xeno’s estate to be divided in terms of intestate succession law:
R1 000 000.
➢ Vera is entitled to inherit either a child’s portion or a statutory determined minimum
amount of R250 000, whichever is the most (s 1(1)(c).
➢ A child’s portion is calculated as follows: the value of the estate is divided by the
number of children.
➢ Who have either survived the deceased
➢ As well as the children who have predeceased him but are survived by descendants
➢ Plus the number of spouses left by the deceased (s 1(4)(f) (one in this instance).
➢ A child’s portion = R1 000 000 divided by (Abel and Carl) + children that
predeceased him but left descendants (Bobby and Ethel) + 1 spouse.
➢ A child’s share is therefore calculated by dividing the value of the estate by 5 (4
children plus one spouse).
➢ R1 000 000 ÷ 5 = R250 000. A child share is therefore R250 000.
