Summary PVL2602 ASSIGNMENT 1 SEMESTER 1 2026 SOLUTIONS

PVL2602
LAW OF SUCCESSION

ASSIGNMENT 1
SEMESTER 1
2026

, QUESTION 1

Thabo died intestate, therefore his estate must devolve in terms of the Intestate
Succession Act 81 of 1987. Since Thabo was married to more than one wife in
terms of customary law, the distribution must follow the principles confirmed in Bhe v
Magistrate Khayelitsha, which provides that spouses in a customary marriage and
children inherit according to the Intestate Succession Act.

Where a deceased is survived by more than one spouse and descendants, each
spouse receives the greater of R250 000 or a child’s share. A child’s share is
calculated by dividing the estate by the number of children plus the number of
surviving spouses.

First, determine the number of children who must be counted.​
Thabo had the following children:

●​ Cyril (alive)​


●​ Ernest (predeceased)​


●​ Malefu (alive)​


●​ Kabelo (predeceased)​


●​ Lerato (alive)​


●​ Neo (alive)​



This equals 6 children.

Thabo is survived by 2 spouses (Anna and Basetsana).

Therefore the number of shares = 6 children + 2 spouses = 8 shares.

Estate value = R2 100 000