, Question 1
1. Applicable law and principles
Thabo died intestate; therefore his estate devolves in terms of the Intestate Succession Act 81 of
1987. Where a deceased is survived by both spouse(s) and descendants, the spouse inherits a
child’s share or R250 000 (whichever is greater) and the descendants inherit the residue (Intestate
Succession Act 81 of 1987 s 1(1)(c); see also Government information explaining the rule).
A “child’s share” is calculated by dividing the estate by the number of surviving children plus the
number of spouses, and children who predeceased but left descendants are counted as shares for
representation purposes (government guidance on intestate succession). Grandchildren then take
their deceased parent’s share by representation (FinGlobal explanation of substitution by
descendants).
Where the deceased was in a polygynous customary marriage, the Act must be applied to
accommodate multiple wives:
Each wife is treated as a spouse for purposes of calculating the child’s share; and
Each spouse inherits at least R250 000 or the child’s share (Department of Justice guidance on
intestate succession).
Parents inherit only if there is no surviving spouse or descendants; therefore a surviving parent
is excluded where spouses and descendants exist (Intestate Succession Act s 1(1)(d); Gawie le
Roux Institute explanation of hierarchy).
A person who unlawfully kills another is disqualified from inheriting from the victim under the
common-law principle that no one may benefit from wrongdoing (forfeiture rule). Accordingly,
Cyril is disqualified from inheriting from Kabelo’s line.
2. Identify heirs and shares
Surviving spouses
Anna
Basetsana (Dinah predeceased → does not inherit)
Descendant lines counted as “children’s shares”
Count children alive or deceased leaving issue:
Cyril (alive)
Ernest (predeceased, left Selo & Yvette)
Malefu (alive)
Kabelo (predeceased, no issue — excluded)
Lerato (alive)
Neo (alive)
1. Applicable law and principles
Thabo died intestate; therefore his estate devolves in terms of the Intestate Succession Act 81 of
1987. Where a deceased is survived by both spouse(s) and descendants, the spouse inherits a
child’s share or R250 000 (whichever is greater) and the descendants inherit the residue (Intestate
Succession Act 81 of 1987 s 1(1)(c); see also Government information explaining the rule).
A “child’s share” is calculated by dividing the estate by the number of surviving children plus the
number of spouses, and children who predeceased but left descendants are counted as shares for
representation purposes (government guidance on intestate succession). Grandchildren then take
their deceased parent’s share by representation (FinGlobal explanation of substitution by
descendants).
Where the deceased was in a polygynous customary marriage, the Act must be applied to
accommodate multiple wives:
Each wife is treated as a spouse for purposes of calculating the child’s share; and
Each spouse inherits at least R250 000 or the child’s share (Department of Justice guidance on
intestate succession).
Parents inherit only if there is no surviving spouse or descendants; therefore a surviving parent
is excluded where spouses and descendants exist (Intestate Succession Act s 1(1)(d); Gawie le
Roux Institute explanation of hierarchy).
A person who unlawfully kills another is disqualified from inheriting from the victim under the
common-law principle that no one may benefit from wrongdoing (forfeiture rule). Accordingly,
Cyril is disqualified from inheriting from Kabelo’s line.
2. Identify heirs and shares
Surviving spouses
Anna
Basetsana (Dinah predeceased → does not inherit)
Descendant lines counted as “children’s shares”
Count children alive or deceased leaving issue:
Cyril (alive)
Ernest (predeceased, left Selo & Yvette)
Malefu (alive)
Kabelo (predeceased, no issue — excluded)
Lerato (alive)
Neo (alive)
