Law of Succession Exam Pack 2016
Oct / Nov 2016
1. 1
2. 1
3. 4
4. 3
5. 1
6. 3
7. 2
8. 4
9. 3
10. 4
11. 2
12. 1
13. 4
14. 2
15. 3
SECTION B
1.1 Ben = 1/3 Gabriel = 1/3 Charlotte = 1/3
1.2 Basil = ½ 50% Caitlin = ½ 50% Sandra = ¼ 25% Pam = ¼ 25%
, 1.3 Barry = ½ 50% Christian = ½ 50%
1.4 Wanda = ½ 50 % Brenda = ½ 50%
1.5 Wiane 100% or entire estate
Question 2
Xander’s Estate R1.800 000
The Matrimonial Property system between Xander and Binesh is Out of Community of Property
including Accrual system therefore before we distribute the estate after we deduct R200 000
which is accrual to Binesh.
R1 800 000 - R200 000 = R1 600 000 Total amount in Xander’s estate
Where the deceased is survived by a spouse as well as a descendant or descendants, the surviving
spouse inherits whichever is the greater of either a child's portion (also called a child's share) or an
amount fixed from time to time by the Minister of Justice and Constitutional Development which is
presently R250 000.
Child Portion - is calculated by dividing the deceased's estate by the number of children who have either
survived him or her, or who have predeceased him or her but have left descendants of their own, plus
the number of surviving spouses.
Child’s share - R 1 600 (Binesh + Eliza - Yamina + Fadi)
= R 533 333 this amount is greater than R250 000 therefore Binesh gets this amount
R1 600 000 – R533 333 = R 1 066 667 residue and this will be divided amongst Xander’s
descendants
R1 066 (Yamina (representing Eliza) and Fadi)
= R 533 333.5 Yamina and Fadi will each get this amount
Jahid is not included because she repudiated her inheritance and also that Madia and Parvez will not
inherit anything since they are regarded as ascendants and they can only inherit when they are no
descendants surviving.
Oct / Nov 2016
1. 1
2. 1
3. 4
4. 3
5. 1
6. 3
7. 2
8. 4
9. 3
10. 4
11. 2
12. 1
13. 4
14. 2
15. 3
SECTION B
1.1 Ben = 1/3 Gabriel = 1/3 Charlotte = 1/3
1.2 Basil = ½ 50% Caitlin = ½ 50% Sandra = ¼ 25% Pam = ¼ 25%
, 1.3 Barry = ½ 50% Christian = ½ 50%
1.4 Wanda = ½ 50 % Brenda = ½ 50%
1.5 Wiane 100% or entire estate
Question 2
Xander’s Estate R1.800 000
The Matrimonial Property system between Xander and Binesh is Out of Community of Property
including Accrual system therefore before we distribute the estate after we deduct R200 000
which is accrual to Binesh.
R1 800 000 - R200 000 = R1 600 000 Total amount in Xander’s estate
Where the deceased is survived by a spouse as well as a descendant or descendants, the surviving
spouse inherits whichever is the greater of either a child's portion (also called a child's share) or an
amount fixed from time to time by the Minister of Justice and Constitutional Development which is
presently R250 000.
Child Portion - is calculated by dividing the deceased's estate by the number of children who have either
survived him or her, or who have predeceased him or her but have left descendants of their own, plus
the number of surviving spouses.
Child’s share - R 1 600 (Binesh + Eliza - Yamina + Fadi)
= R 533 333 this amount is greater than R250 000 therefore Binesh gets this amount
R1 600 000 – R533 333 = R 1 066 667 residue and this will be divided amongst Xander’s
descendants
R1 066 (Yamina (representing Eliza) and Fadi)
= R 533 333.5 Yamina and Fadi will each get this amount
Jahid is not included because she repudiated her inheritance and also that Madia and Parvez will not
inherit anything since they are regarded as ascendants and they can only inherit when they are no
descendants surviving.
