LAW OF SUCCESSION
PVL2602
ASSESSMENT 1
SUPER SEMESTER
FEEDBACK
1
, LAW OF SUCCESSION
PVL2602
STUDENT NUMBER :
ASSESSMENT NUMBER : 01
SEMESTER : SUPER
YEAR : 2021
QUESTION 1
Calculate how Wanda's estate is going to devolve, giving reasons for your
calculations. If a relative will not inherit, explain why this is so.
Wanda’s estate of R500 000 is entitled to R100 000 accrual and therefore the accrual
must be added before the estate can be divided. The total amount to be divided =
R600 000.
In terms of the Intestate Succession Act, Xavier inherits either a child’s portion or
R250 000, whichever is the
greater.
A child’s portion is equal to the value of the estate divided by the number of children
who have either survived the deceased or who have predeceased him, but are survived
by descendants plus the number of spouses (in this case, only one).
In this case there are two children, Evert and Ben (who was born out of wedlock and
is treated the same as natural children) and Dina (who will stand in for their
predeceased daughter Celeste) and Francis whorefuses to inherit, consequently her
share of must go to Gerald in terms of section 1(6) of the Intestate Succession Act (in
other words, there are 4 people to be taken into account).
A child’s share is therefore R600 000 ÷ 4 = R150 000.
Since a child’s share (R150 000) is less than the statutory amount of R250 000,
Xavier will inherit R250 000.
The rest of the estate (R600 000 – R250 000 = R350 000) must divided between the
other heirs, in this case the descendants.
A child’s share will therefore be R350 000 ÷ 4 = R87 500
Francis may inherit, but since he repudiated his share, his share of R87 500 will go to
the son, Gerald, in terms of section 1(1)(6) of the Intestate Succession Act.
Celeste’s share of R87 500 will be inherited by her children, Dina, by representation.
The other surviving relatives (her mother) are excluded by the spouse and descendants
and do not inherit.
QUESTION 2
2
PVL2602
ASSESSMENT 1
SUPER SEMESTER
FEEDBACK
1
, LAW OF SUCCESSION
PVL2602
STUDENT NUMBER :
ASSESSMENT NUMBER : 01
SEMESTER : SUPER
YEAR : 2021
QUESTION 1
Calculate how Wanda's estate is going to devolve, giving reasons for your
calculations. If a relative will not inherit, explain why this is so.
Wanda’s estate of R500 000 is entitled to R100 000 accrual and therefore the accrual
must be added before the estate can be divided. The total amount to be divided =
R600 000.
In terms of the Intestate Succession Act, Xavier inherits either a child’s portion or
R250 000, whichever is the
greater.
A child’s portion is equal to the value of the estate divided by the number of children
who have either survived the deceased or who have predeceased him, but are survived
by descendants plus the number of spouses (in this case, only one).
In this case there are two children, Evert and Ben (who was born out of wedlock and
is treated the same as natural children) and Dina (who will stand in for their
predeceased daughter Celeste) and Francis whorefuses to inherit, consequently her
share of must go to Gerald in terms of section 1(6) of the Intestate Succession Act (in
other words, there are 4 people to be taken into account).
A child’s share is therefore R600 000 ÷ 4 = R150 000.
Since a child’s share (R150 000) is less than the statutory amount of R250 000,
Xavier will inherit R250 000.
The rest of the estate (R600 000 – R250 000 = R350 000) must divided between the
other heirs, in this case the descendants.
A child’s share will therefore be R350 000 ÷ 4 = R87 500
Francis may inherit, but since he repudiated his share, his share of R87 500 will go to
the son, Gerald, in terms of section 1(1)(6) of the Intestate Succession Act.
Celeste’s share of R87 500 will be inherited by her children, Dina, by representation.
The other surviving relatives (her mother) are excluded by the spouse and descendants
and do not inherit.
QUESTION 2
2
