PVL2602
Assignment 1
Unique NO: 279194
DUE: 23 APRIL 2026
, Assignment 1
Due date: 23 April 2026
Unique assignment number: 279194
Question 1 [15 marks]
Devolution of Thabo's Intestate Estate (R2,100,000)
Analysis:
Thabo died intestate in 2025, having been married under customary law. According to
the Intestate Succession Act read with the RCLSA (Reform of Customary Law of
Succession Act), his estate will devolve as follows:
Identify the Surviving Spouses
• Anna (surviving spouse)
• Basetsana (surviving spouse)
• Dinah (predeceased - does not inherit)
Identify Descendants
• Cyril (son from Anna's marriage) - DISQUALIFIED for murdering Kabelo
• Phula (Cyril's daughter) - inherits by representation due to Cyril's disqualification
• Selo and Yvette (grandchildren from predeceased Ernest)
• Malefu (daughter from Basetsana's marriage)
• Kabelo (predeceased)
• Lerato and Neo (daughters from Dinah's marriage)
• Xilo (Lerato's son) - only inherits if Lerato predeceases
, Determine Who Does NOT Inherit
Sarah (mother) and Ben (father): Do NOT inherit because descendants exist.
According to section 1(1)(c) of the Intestate Succession Act, parents only inherit when
there are no descendants or spouses.
Cyril: DISQUALIFIED under the bloedige hand maxim (the bloody hand takes no
inheritance). He murdered Kabelo and therefore cannot inherit from Thabo's estate,
regardless of whether it was intentional or negligent.
Xilo: Does NOT inherit because his mother Lerato is still alive. He would only inherit by
representation if Lerato had predeceased Thabo.
Calculate Distribution
Surviving Spouses' Share:
According to section 1(1)(a) of the Intestate Succession Act, surviving spouses share
equally in an amount equal to the child's share or R250,000 each (whichever is greater).
Calculate child's share:
• Total stirpes: 6
1. Cyril's stirps (represented by Phula)
2. Ernest's stirps (Selo and Yvette)
3. Malefu
4. Kabelo's stirps (no descendants mentioned)
5. Lerato
6. Neo
Child's share = R2,100,000 ÷ (6 stirpes + 2 spouses) = R2,100,000 ÷ 8 = R262,500
Since R262,500 > R250,000, each spouse receives R262,500.
Spouses' total: 2 × R262,500 = R525,000
Assignment 1
Unique NO: 279194
DUE: 23 APRIL 2026
, Assignment 1
Due date: 23 April 2026
Unique assignment number: 279194
Question 1 [15 marks]
Devolution of Thabo's Intestate Estate (R2,100,000)
Analysis:
Thabo died intestate in 2025, having been married under customary law. According to
the Intestate Succession Act read with the RCLSA (Reform of Customary Law of
Succession Act), his estate will devolve as follows:
Identify the Surviving Spouses
• Anna (surviving spouse)
• Basetsana (surviving spouse)
• Dinah (predeceased - does not inherit)
Identify Descendants
• Cyril (son from Anna's marriage) - DISQUALIFIED for murdering Kabelo
• Phula (Cyril's daughter) - inherits by representation due to Cyril's disqualification
• Selo and Yvette (grandchildren from predeceased Ernest)
• Malefu (daughter from Basetsana's marriage)
• Kabelo (predeceased)
• Lerato and Neo (daughters from Dinah's marriage)
• Xilo (Lerato's son) - only inherits if Lerato predeceases
, Determine Who Does NOT Inherit
Sarah (mother) and Ben (father): Do NOT inherit because descendants exist.
According to section 1(1)(c) of the Intestate Succession Act, parents only inherit when
there are no descendants or spouses.
Cyril: DISQUALIFIED under the bloedige hand maxim (the bloody hand takes no
inheritance). He murdered Kabelo and therefore cannot inherit from Thabo's estate,
regardless of whether it was intentional or negligent.
Xilo: Does NOT inherit because his mother Lerato is still alive. He would only inherit by
representation if Lerato had predeceased Thabo.
Calculate Distribution
Surviving Spouses' Share:
According to section 1(1)(a) of the Intestate Succession Act, surviving spouses share
equally in an amount equal to the child's share or R250,000 each (whichever is greater).
Calculate child's share:
• Total stirpes: 6
1. Cyril's stirps (represented by Phula)
2. Ernest's stirps (Selo and Yvette)
3. Malefu
4. Kabelo's stirps (no descendants mentioned)
5. Lerato
6. Neo
Child's share = R2,100,000 ÷ (6 stirpes + 2 spouses) = R2,100,000 ÷ 8 = R262,500
Since R262,500 > R250,000, each spouse receives R262,500.
Spouses' total: 2 × R262,500 = R525,000
