PVL2602 ASSIGNMENT 1
SEMESTER 2 - 2022
, Question 1
Xander died intestate in April 2021 and is survived by the following relatives:
Belinda, Celia and Dlali, his wives to whom he was married according to Muslim
rites. He had also been married to Jordan according to Muslim rites but she died in
an accident in 2007.
Xander and Belinda had two children, Ella and Frans. Frans is still alive but Ella died
in a car accident in 2012 and is survived by a daughter, Yandi.
Xander and Celia had two children, Greg and Hlato. Hlato is still alive but Greg also
died in the accident in 2012 and is survived by her adopted son, Zeno.
Xander and Jordan had one child – a daughter, Kay.
Xander’s parents, Mbali and Paul, are still alive as is his brother, Sonny
Xander’s estate (after all matrimonial property divisions have been dealt with) amounts to
R800 000. Calculate how Xander’s estate will devolve and give reasons for your
calculations. Remember that your reasons are as important as your calculations.
Question 2
John and Andrew were very close friends. In 2020, during a discussion of their respective
futures, they decided that they would each execute a will in terms of which they will
benefit each other. Both were unmarried, and Andrew had no descendants or immediate
family. John only had a son, Peter, from a relationship forty years ago, but he had lost
touch with him and did not even know his whereabouts. Shortly after the discussion, John
drafted a will on his computer and e-mailed it to Andrew. In this document he left his
entire estate to Andrew. Eight months after drafting this document, John died without
him or witnesses having signed it.
Advise Andrew whether he can inherit John’s estate in terms of the e-mailed document,
since Peter has now appeared and wants to claim the estate as the only intestate heir.
Refer to case law.
1
SEMESTER 2 - 2022
, Question 1
Xander died intestate in April 2021 and is survived by the following relatives:
Belinda, Celia and Dlali, his wives to whom he was married according to Muslim
rites. He had also been married to Jordan according to Muslim rites but she died in
an accident in 2007.
Xander and Belinda had two children, Ella and Frans. Frans is still alive but Ella died
in a car accident in 2012 and is survived by a daughter, Yandi.
Xander and Celia had two children, Greg and Hlato. Hlato is still alive but Greg also
died in the accident in 2012 and is survived by her adopted son, Zeno.
Xander and Jordan had one child – a daughter, Kay.
Xander’s parents, Mbali and Paul, are still alive as is his brother, Sonny
Xander’s estate (after all matrimonial property divisions have been dealt with) amounts to
R800 000. Calculate how Xander’s estate will devolve and give reasons for your
calculations. Remember that your reasons are as important as your calculations.
Question 2
John and Andrew were very close friends. In 2020, during a discussion of their respective
futures, they decided that they would each execute a will in terms of which they will
benefit each other. Both were unmarried, and Andrew had no descendants or immediate
family. John only had a son, Peter, from a relationship forty years ago, but he had lost
touch with him and did not even know his whereabouts. Shortly after the discussion, John
drafted a will on his computer and e-mailed it to Andrew. In this document he left his
entire estate to Andrew. Eight months after drafting this document, John died without
him or witnesses having signed it.
Advise Andrew whether he can inherit John’s estate in terms of the e-mailed document,
since Peter has now appeared and wants to claim the estate as the only intestate heir.
Refer to case law.
1
