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PVL2602 Assignment 1 Semester 1 (279194) 2026 Due 23 April 2026

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PVL2602
Assignment 1 Semester 1
Unique No: 279194
Due 23 April 2026

, Question 1

How will Thabo’s intestate estate devolve and how much will each heir
receive?
Applicable law

Because Thabo died intestate in 2025, the estate devolves according to the Intestate
Succession Act 81 of 1987, as interpreted in light of the Recognition of Customary
Marriages Act 120 of 1998 and relevant case law. All valid customary marriages are
recognised, including polygynous marriages (Recognition of Customary Marriages Act s
2).

The rules applicable here are those dealing with:

• A deceased survived by spouses and descendants
• Representation
• The unworthiness to inherit
• Multiple spouses in intestate succession

Step 1: Identify surviving spouses

Thabo was married in terms of customary law to:

• Anna (alive)
• Basetsana (alive)

Dinah was also a valid customary wife but predeceased Thabo in 2020. A predeceased
spouse does not inherit in intestate succession.

Surviving spouses:

• Anna
• Basetsana
Connected book
image
M. J. De Waal, M.C. Schoeman Law of succession
Publisher: Unknown ISBN: 9781485108559 Edition: Unknown

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