PVL2602
Assignment 1 Semester 1
Unique No: 279194
Due 23 April 2026
, Question 1
Explain how Thabo’s estate devolves and calculate the shares
Applicable legal framework
Thabo died intestate in 2025. He was married in terms of customary law to more than
one wife. The estate therefore devolves in terms of the Intestate Succession Act 81 of
1987, read with the Reform of Customary Law of Succession and Regulation of
Related Matters Act 11 of 2009. All customary law spouses and children inherit on an
equal footing (Bhe v Magistrate, Khayelitsha 2005).
Identification of intestate heirs
The following persons qualify as intestate heirs:
• Anna, surviving customary law wife • Basetsana, surviving customary law wife • Cyril,
biological son • Malefu, biological daughter • Lerato, biological daughter • Neo,
biological daughter • Selo and Yvette, grandchildren representing their deceased father
Ernest
Relatives who do not inherit and reasons
Cyril in relation to Kabelo
Cyril murdered Kabelo and is serving a prison sentence. A person who unlawfully and
intentionally causes the death of another is unworthy to inherit from that person or
through that person (Ex parte Steenkamp 1952). Cyril is therefore disqualified from
inheriting Kabelo’s share.
Xilo
Xilo is the child of Lerato, who is alive. Representation only applies where the parent is
deceased. Because Lerato is alive, Xilo does not inherit (Intestate Succession Act s
1(1)(c)).
Assignment 1 Semester 1
Unique No: 279194
Due 23 April 2026
, Question 1
Explain how Thabo’s estate devolves and calculate the shares
Applicable legal framework
Thabo died intestate in 2025. He was married in terms of customary law to more than
one wife. The estate therefore devolves in terms of the Intestate Succession Act 81 of
1987, read with the Reform of Customary Law of Succession and Regulation of
Related Matters Act 11 of 2009. All customary law spouses and children inherit on an
equal footing (Bhe v Magistrate, Khayelitsha 2005).
Identification of intestate heirs
The following persons qualify as intestate heirs:
• Anna, surviving customary law wife • Basetsana, surviving customary law wife • Cyril,
biological son • Malefu, biological daughter • Lerato, biological daughter • Neo,
biological daughter • Selo and Yvette, grandchildren representing their deceased father
Ernest
Relatives who do not inherit and reasons
Cyril in relation to Kabelo
Cyril murdered Kabelo and is serving a prison sentence. A person who unlawfully and
intentionally causes the death of another is unworthy to inherit from that person or
through that person (Ex parte Steenkamp 1952). Cyril is therefore disqualified from
inheriting Kabelo’s share.
Xilo
Xilo is the child of Lerato, who is alive. Representation only applies where the parent is
deceased. Because Lerato is alive, Xilo does not inherit (Intestate Succession Act s
1(1)(c)).
