,VL2602 Assignment 1 Semester 1 2026 (Unique Number: 279194) - Due 23
ASSESSMENT 1 – COMPLETE ANSWERS
QUESTION 1: INTESTATE SUCCESSION
[15 marks]
Applicable Law
Thabo died intestate. The estate devolves according to the Intestate Succession Act 81 of
1987, read together with:
Recognition of Customary Marriages Act 120 of 1998
The common-law rule of unworthiness to inherit
The principle of representation (per stirpes)
Customary wives are considered spouses for intestate succession purposes.
Step 1: Identify the heirs
Spouses
Anna (customary wife) – alive
Basetsana (customary wife) – alive
Dinah – predeceased, cannot inherit
There are two surviving spouses.
Descendants
1. Cyril – son of Anna – alive
2. Ernest – predeceased son of Anna
o Children: Selo and Yvette (represent Ernest)
3. Malefu – daughter of Basetsana – alive
4. Kabelo – predeceased son of Basetsana
, o Murdered by Cyril; therefore Cyril cannot inherit Kabelo’s estate
5. Lerato – daughter of Dinah – alive
6. Neo – daughter of Dinah – alive
Other grandchildren:
Phula (child of Cyril) – parent alive, so Phula does not inherit under representation
Xilo (child of Lerato) – parent alive, so Xilo does not inherit under representation
Parents
Sarah – mother alive
Ben – father predeceased
Parents do not inherit where descendants exist.
Step 2: Determine method of distribution
Under the Intestate Succession Act, each spouse is entitled to the greater of R250 000 or a
child’s share.
Step 3: Calculate child’s share
Estate value: R2 100 000
Number of shares:
Cyril = 1 share
Ernest’s line = 1 share
Malefu = 1 share
Lerato = 1 share
Neo = 1 share
Anna = 1 share
Basetsana = 1 share