NAME
STUDENT NUMBER
MODULE CODE
ASSIGNMENT 1
QUESTION 1
According to Section 2B of the Wills Act a bequest made in a will to a spouse from
whom the testator is divorced will be revoked if the testator passes away within three
months of the divorce. This is unless it is clearly indicated otherwise in the will. In this
particular case, Ayanda passed away in May 2022, which is within the three months
period after her divorce from Ben in April 2022. As such, the provisions of Section 2B
apply, which means any bequests in the will Ayanda made with Ben to him are
effectively revoked.
Ayanda's second marriage to Cele, in May 2022, was in community of property. This
means that Ayanda and Cele share their joint estate equally. On Ayanda's death,
Cele receives his half share R 1 500 000 of the joint estate in terms of
matrimonial property law.
Ayanda intestate estate is worth R1 500 000 and this must be divided between Cele
and the children as follows:
The child’s portion is R 1 500 000 ÷ 5 (that is, the number of surviving children
or predeceased children survived by descendants plus the number of
surviving spouses) = R 300 000.
STUDENT NUMBER
MODULE CODE
ASSIGNMENT 1
QUESTION 1
According to Section 2B of the Wills Act a bequest made in a will to a spouse from
whom the testator is divorced will be revoked if the testator passes away within three
months of the divorce. This is unless it is clearly indicated otherwise in the will. In this
particular case, Ayanda passed away in May 2022, which is within the three months
period after her divorce from Ben in April 2022. As such, the provisions of Section 2B
apply, which means any bequests in the will Ayanda made with Ben to him are
effectively revoked.
Ayanda's second marriage to Cele, in May 2022, was in community of property. This
means that Ayanda and Cele share their joint estate equally. On Ayanda's death,
Cele receives his half share R 1 500 000 of the joint estate in terms of
matrimonial property law.
Ayanda intestate estate is worth R1 500 000 and this must be divided between Cele
and the children as follows:
The child’s portion is R 1 500 000 ÷ 5 (that is, the number of surviving children
or predeceased children survived by descendants plus the number of
surviving spouses) = R 300 000.
