PVL 1501 ASSIGNMENT 1 SOLUTIONS 2021 SEMEMSTER 1
Question 1
A. No, according to Births and Deaths Registration Act 51 of 1992
The Director General of Home Affairs must be notified of the birth of every
child that was born alive within 30 days of the child’s birth. Therefore, Synthia
cannot register the birth of the child since the child has died.
b. According to the Intestate succession Act if person dies without leaving valid
will estate is handed over in terms of law of intestate succession under these
terms and a person only inherits if alive at time estate “falls open” (delatio)
which takes place moment deceased dies .According, NF applied to postpone
distribution of estates until certain if live person born or not. If born alive inherits
as if already born at time person died. If not born alive does not obtain rights
and not considered when estate is divided. Thus, according to the scenario the
child will be able to inherit.
Question 2
The scenario is based on the case of the :
Case name: Road Accident Fund v M obo M also reported as “Road Accident
Fund v Mtati”
Question 1
A. No, according to Births and Deaths Registration Act 51 of 1992
The Director General of Home Affairs must be notified of the birth of every
child that was born alive within 30 days of the child’s birth. Therefore, Synthia
cannot register the birth of the child since the child has died.
b. According to the Intestate succession Act if person dies without leaving valid
will estate is handed over in terms of law of intestate succession under these
terms and a person only inherits if alive at time estate “falls open” (delatio)
which takes place moment deceased dies .According, NF applied to postpone
distribution of estates until certain if live person born or not. If born alive inherits
as if already born at time person died. If not born alive does not obtain rights
and not considered when estate is divided. Thus, according to the scenario the
child will be able to inherit.
Question 2
The scenario is based on the case of the :
Case name: Road Accident Fund v M obo M also reported as “Road Accident
Fund v Mtati”
