LAW OF SUCCESSION(PVL2602) ASSIGNMENT 1
SOLUTIONS SEMESTER 2,2023
BMSA LAW TUTORS
, QUESTION 1
After Ayanda's death, the estate will be divided according to the laws of intestate
succession. In community of property, when there is no will, the surviving spouse is
entitled to a specific portion of the deceased's estate, and the remainder is divided
among the children.
In this case, Ayanda is survived by her spouse Cele, her children Xandi, Yvette, Zoya,
and her grandchildren Mary, Gerald, Junior, Eve, Fiona, and Siya.
According to South African law, Cele will be entitled to half of the joint estate, which is
R1,500,000. This is because, in community of property, the surviving spouse has a 50%
entitlement to the estate.
The remaining half of the joint estate, which is also worth R1,500,000, will be divided
equally among Ayanda and Cele's children: Xandi, Yvette, Zoya, and Dan's children -
Junior, Eve, Fiona, and Siya. Each of them will receive an equal share of R300,000.
Therefore, the distribution of the estate after Ayanda's death would be as follows:
• Cele: R1,500,000
• Xandi, Yvette, Zoya, Junior, Eve, Fiona, Siya, and Gerald: R300,000 each.
It's important to note that this distribution assumes there are no other specific legal
provisions, such as a will or any other agreements, that might impact the division of the
estate.
OR
After Ayanda's death, the joint estate of Ayanda and Cele will be divided according to the
Intestate Succession Act, as Ayanda died without a valid will.
1. Firstly, Cele will be entitled to his statutory portion. The statutory portion is an
amount equal to half of the net value of the joint estate, which in this case is
R3,000,000. Therefore, Cele will receive R1,500,000.
2. The remaining half of the net value of the joint estate, which is also R1,500,000,
will be divided equally among Ayanda's descendants.
.
1
SOLUTIONS SEMESTER 2,2023
BMSA LAW TUTORS
, QUESTION 1
After Ayanda's death, the estate will be divided according to the laws of intestate
succession. In community of property, when there is no will, the surviving spouse is
entitled to a specific portion of the deceased's estate, and the remainder is divided
among the children.
In this case, Ayanda is survived by her spouse Cele, her children Xandi, Yvette, Zoya,
and her grandchildren Mary, Gerald, Junior, Eve, Fiona, and Siya.
According to South African law, Cele will be entitled to half of the joint estate, which is
R1,500,000. This is because, in community of property, the surviving spouse has a 50%
entitlement to the estate.
The remaining half of the joint estate, which is also worth R1,500,000, will be divided
equally among Ayanda and Cele's children: Xandi, Yvette, Zoya, and Dan's children -
Junior, Eve, Fiona, and Siya. Each of them will receive an equal share of R300,000.
Therefore, the distribution of the estate after Ayanda's death would be as follows:
• Cele: R1,500,000
• Xandi, Yvette, Zoya, Junior, Eve, Fiona, Siya, and Gerald: R300,000 each.
It's important to note that this distribution assumes there are no other specific legal
provisions, such as a will or any other agreements, that might impact the division of the
estate.
OR
After Ayanda's death, the joint estate of Ayanda and Cele will be divided according to the
Intestate Succession Act, as Ayanda died without a valid will.
1. Firstly, Cele will be entitled to his statutory portion. The statutory portion is an
amount equal to half of the net value of the joint estate, which in this case is
R3,000,000. Therefore, Cele will receive R1,500,000.
2. The remaining half of the net value of the joint estate, which is also R1,500,000,
will be divided equally among Ayanda's descendants.
.
1
