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Exam (elaborations)

plv2602 assignment 1.semester 2

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plv2602 assignment ter 2

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Uploaded on
July 3, 2023
Number of pages
2
Written in
2022/2023
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Question 1:

To determine how Xander's estate will devolve, we need to consider the rules of intestate succession
in South Africa. According to the information provided, Xander died intestate, which means he did
not leave a valid will.



In South Africa, when a person dies without a will, the Intestate Succession Act 81 of 1987 governs
the distribution of the estate. The Act provides a specific order of preference for the distribution of
assets among the surviving relatives.



here is how Xander's estate will devolve:



Belinda, Celia, and Dlali (Xander's surviving wives): As Xander was married to all three wives at the
time of his death, they will be entitled to an equal share of the estate. Each wife will receive 1/3 of
the estate.



Xander and Belinda's children (Frans): Frans, as the surviving child of Xander and Belinda, will inherit
the portion that would have been allocated to Ella if she were alive. Since Ella is deceased, her share
will pass to her surviving child, Yandi. Therefore, Frans will receive 1/6 of the estate, and Yandi will
receive 1/6 of the estate.



Xander and Celia's children (Hlato): Hlato, as the surviving child of Xander and Celia, will inherit the
portion that would have been allocated to Greg if she were alive. Since Greg is deceased, her share
will pass to her adopted son, Zeno. Therefore, Hlato will receive 1/6 of the estate, and Zeno will
receive 1/6 of the estate.



Xander and Jordan's child (Kay): Kay, as the surviving child of Xander and Jordan, will inherit her
share of the estate. Kay will receive 1/6 of the estate.



Xander's parents (Mbali and Paul) and his brother (Sonny): Since Xander's parents and brother are
still alive, they do not inherit anything from Xander's estate at this stage. Intestate succession rules
in South Africa do not provide for inheritance by ascendants (parents) or collaterals (siblings) when
there is a surviving spouse and descendants.



To summarize, the distribution of Xander's estate would be as follows:



Each surviving wife (Belinda, Celia, and Dlali): 1/3 of the estate each.

Frans (Xander and Belinda's child): 1/6 of the estate.

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