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QUESTION 1
Applicable law
Intestate Succession Act 81 of 1987
Recognition of Customary Marriages Act 120 of 1998
Common-law principle of indignus (a person who unlawfully kills the
deceased or another heir is disqualified from inheriting)
Thabo died intestate in 2025, so intestate succession applies.
Explaination
Intestate Succession Act 81 of 1987
The Intestate Succession Act regulates how a deceased person’s estate devolves
when they die without a valid will. Since Thabo died intestate in 2025, this Act
governs the distribution of his estate. In terms of section 1 of the Act, the estate
must be divided among the surviving spouse(s) and descendants. The Act also
provides the method for calculating a child’s share, determines the minimum
amount to which a spouse is entitled, and recognises representation by
descendants of a predeceased child
Recognition of Customary Marriages Act 120 of 1998