, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
Question 1
1. The value of Thabo’s estate is R2 100 000. Explain how his estate is going to devolve and
calculate how much each person will receive. Give reasons for your calculations. Also, indicate
which relatives will not inherit, giving reasons.
In Thabo's case, his estate will devolve based on South Africa's intestate succession laws,
specifically the Intestate Succession Act and the Reform of Customary Law of Succession Act
(RCLSA), which govern the inheritance process. The devolution will depend on the family structure
and the relevant marital and inheritance laws in place.
Anna and Basetsana's Rights: Since Thabo was married to Anna and Basetsana under
customary law, both women are regarded as wives under South African law, and their rights to
inherit are governed by the Intestate Succession Act. The presence of multiple wives means
that the estate will be divided equally among them, unless specified otherwise by the
deceased1 . In this case, the estate must be divided equally between Anna and Basetsana, as
there are no further provisions for division based on property systems. The children’s portion
will also be considered.
Children and Grandchildren: Cyril (son of Anna), Malefu (daughter of Basetsana), and the
predeceased children (Ernest and Kabelo) need to be considered. Cyril will inherit as a direct
descendant, but Kabelo's children (if any) do not inherit as Kabelo himself is predeceased2 . For
the predeceased Ernest, his children, Selo and Yvette, will inherit his portion through
representation, as they step into his shoes as his descendants. Similarly, Phula, the daughter of
Cyril, will inherit her share, ensuring that descendants are properly included3 .
Unworthy Heir - Cyril: Cyril, who murdered Kabelo, is disqualified from inheriting through the
indignus principle4 . Therefore, Cyril will not inherit anything from Thabo's estate.
The Twin Daughters of Dinah: Lerato and Neo will inherit as children of Thabo, while Xilo,
Lerato's son, will also inherit as a direct descendant. Neo and Lerato share an equal inheritance
portion5 .
Thabo's Mother, Sarah: Sarah, as the mother of Thabo, will inherit a portion of the estate, as
per the general order of succession under South African law, after all spouses and descendants
have been accounted for6 .
Individuals who do not inherit: Kabelo, who was murdered by Cyril, will not inherit, as
mentioned, and Cyril will not inherit due to the legal disqualification.
1: (Jamneck et al., 2023, p. 45)
2: (Rautenbach, 2008, p. 102)
3: (Van der Linde et al., 2023, p. 123)
4: (Jamneck et al., 2023, p. 104)
5: (Jamneck, Rautenbach, Paleker, Van & Wood-Bodley, 2023, p. 108)
6: (Rautenbach & Meyer, 2012, p. 163)
Question 1
1. The value of Thabo’s estate is R2 100 000. Explain how his estate is going to devolve and
calculate how much each person will receive. Give reasons for your calculations. Also, indicate
which relatives will not inherit, giving reasons.
In Thabo's case, his estate will devolve based on South Africa's intestate succession laws,
specifically the Intestate Succession Act and the Reform of Customary Law of Succession Act
(RCLSA), which govern the inheritance process. The devolution will depend on the family structure
and the relevant marital and inheritance laws in place.
Anna and Basetsana's Rights: Since Thabo was married to Anna and Basetsana under
customary law, both women are regarded as wives under South African law, and their rights to
inherit are governed by the Intestate Succession Act. The presence of multiple wives means
that the estate will be divided equally among them, unless specified otherwise by the
deceased1 . In this case, the estate must be divided equally between Anna and Basetsana, as
there are no further provisions for division based on property systems. The children’s portion
will also be considered.
Children and Grandchildren: Cyril (son of Anna), Malefu (daughter of Basetsana), and the
predeceased children (Ernest and Kabelo) need to be considered. Cyril will inherit as a direct
descendant, but Kabelo's children (if any) do not inherit as Kabelo himself is predeceased2 . For
the predeceased Ernest, his children, Selo and Yvette, will inherit his portion through
representation, as they step into his shoes as his descendants. Similarly, Phula, the daughter of
Cyril, will inherit her share, ensuring that descendants are properly included3 .
Unworthy Heir - Cyril: Cyril, who murdered Kabelo, is disqualified from inheriting through the
indignus principle4 . Therefore, Cyril will not inherit anything from Thabo's estate.
The Twin Daughters of Dinah: Lerato and Neo will inherit as children of Thabo, while Xilo,
Lerato's son, will also inherit as a direct descendant. Neo and Lerato share an equal inheritance
portion5 .
Thabo's Mother, Sarah: Sarah, as the mother of Thabo, will inherit a portion of the estate, as
per the general order of succession under South African law, after all spouses and descendants
have been accounted for6 .
Individuals who do not inherit: Kabelo, who was murdered by Cyril, will not inherit, as
mentioned, and Cyril will not inherit due to the legal disqualification.
1: (Jamneck et al., 2023, p. 45)
2: (Rautenbach, 2008, p. 102)
3: (Van der Linde et al., 2023, p. 123)
4: (Jamneck et al., 2023, p. 104)
5: (Jamneck, Rautenbach, Paleker, Van & Wood-Bodley, 2023, p. 108)
6: (Rautenbach & Meyer, 2012, p. 163)
