Question 1
Tom died intestate in 2022. Tom and his predeceased wife, Wendy, had four
children, namely Ayanda, Bongani, Charlotte (adopted) and Dumi. Ayanda had 3
daughters, Eve, Fiona and Tara. Eve died in 2015. Ayanda constantly teased
Charlotte about not being their sibling because she was adopted. On 15 April
2010, their argument got out of hand and Ayanda deliberately pushed Charlotte
down the stairs, upon which Charlotte suffered a severe head injury and died.
Charlotte was survived by her son, Siya. Ayanda was prosecuted and found guilty
of murder. Ten years later, Tom died intestate, and his estate was worth R 800
000.
Calculate how Tom’s estate will devolve and give reasons for your calculations.
[5]
In this case, Tom died intestate and was survived by his four children, Ayanda, Bongani,
Charlotte (adopted), and Dumi. As per the rules of intestate succession under the
Intestate Succession Act 81 of 1987, Tom's estate will devolve in the following manner:
1. First, the surviving spouse and descendants of the deceased will inherit from the
estate.
2. If there is no surviving spouse, the descendants will inherit.
3. If there are no descendants, the parents of the deceased will inherit.
4. If there are no parents, the estate will go to the nearest blood relatives. 1
In this case, Tom's predeceased wife Wendy is not mentioned as a survivor, so we can
assume that she has passed away before Tom. Therefore, Tom's estate will devolve
among his surviving children.
Ayanda, Bongani, and Dumi will each inherit one-third of the estate. However, Charlotte
is predeceased, and her son, Siya, will inherit her share of the estate. Therefore, the
estate will be divided as follows:
a) Ayanda: 1/3
b) Bongani: 1/3
c) Dumi: 1/3
d) Siya (Charlotte's son): 1/3 of Charlotte's share
Ayanda's three daughters, Eve, Fiona, and Tara, are not entitled to any portion of Tom's
estate as they are not surviving descendants.
Additionally, Ayanda's actions resulting in the death of Charlotte do not affect the
distribution of Tom's estate.
1
See the Intestate Succession Act 81 of 1987.
, Therefore, Tom's estate will devolve as per the above distribution, with Siya inheriting
Charlotte's share.
Question 2
Teddy, who died intestate in October 2022, was married out community of
property to Wilma. The accrual system was applicable to the marriage and
Teddy’s estate is entitled to R200 000 accrual from Wilma. They had four children,
Ada, Ben, Chris (adopted) and Dumi. Ada, who died in 2015, had 3 daughters,
Elma, Flora and Gaby. Chris, who died 2010, was survived by his son, Siya.
Teddy’s estate was worth R 1 600 000.
Calculate how Teddy’s estate will devolve and give reasons for your calculations.
[10]
In this case, Teddy died intestate and was married out of community of property to
Wilma under the accrual system. Teddy's estate is entitled to R 200 000 accrual from
Wilma. Teddy and Wilma had four children, Ada, Ben, Chris (adopted), and Dumi. Ada
is predeceased, but she had three daughters, Elma, Flora, and Gaby. Chris is also
predeceased, but he is survived by his son, Siya. Teddy's estate is worth R 1 600 000.
According to the rules of intestate succession, the distribution of Teddy's estate will be
as follows:
1. First, the surviving spouse and descendants of the deceased will inherit from the
estate.
2. If there is no surviving spouse, the descendants will inherit.
3. If there are no descendants, the parents of the deceased will inherit.
4. If there are no parents, the estate will go to the nearest blood relatives.
As per the accrual system, Wilma is entitled to R 200 000 of Teddy's estate. The
remaining R 1 400 000 will devolve among Teddy's surviving descendants.
Therefore, the distribution of Teddy's estate will be as follows:
Wilma: R 200 000 (accrual)
a) Ben: 1/3 of the remaining R 1 400 000
b) Dumi: 1/3 of the remaining R 1 400 000
c) Siya (Chris's son): 1/3 of the remaining R 1 400 000
Elma, Flora, and Gaby (Ada's daughters): No portion of the estate, as they are not direct
descendants of Teddy.
Tom died intestate in 2022. Tom and his predeceased wife, Wendy, had four
children, namely Ayanda, Bongani, Charlotte (adopted) and Dumi. Ayanda had 3
daughters, Eve, Fiona and Tara. Eve died in 2015. Ayanda constantly teased
Charlotte about not being their sibling because she was adopted. On 15 April
2010, their argument got out of hand and Ayanda deliberately pushed Charlotte
down the stairs, upon which Charlotte suffered a severe head injury and died.
Charlotte was survived by her son, Siya. Ayanda was prosecuted and found guilty
of murder. Ten years later, Tom died intestate, and his estate was worth R 800
000.
Calculate how Tom’s estate will devolve and give reasons for your calculations.
[5]
In this case, Tom died intestate and was survived by his four children, Ayanda, Bongani,
Charlotte (adopted), and Dumi. As per the rules of intestate succession under the
Intestate Succession Act 81 of 1987, Tom's estate will devolve in the following manner:
1. First, the surviving spouse and descendants of the deceased will inherit from the
estate.
2. If there is no surviving spouse, the descendants will inherit.
3. If there are no descendants, the parents of the deceased will inherit.
4. If there are no parents, the estate will go to the nearest blood relatives. 1
In this case, Tom's predeceased wife Wendy is not mentioned as a survivor, so we can
assume that she has passed away before Tom. Therefore, Tom's estate will devolve
among his surviving children.
Ayanda, Bongani, and Dumi will each inherit one-third of the estate. However, Charlotte
is predeceased, and her son, Siya, will inherit her share of the estate. Therefore, the
estate will be divided as follows:
a) Ayanda: 1/3
b) Bongani: 1/3
c) Dumi: 1/3
d) Siya (Charlotte's son): 1/3 of Charlotte's share
Ayanda's three daughters, Eve, Fiona, and Tara, are not entitled to any portion of Tom's
estate as they are not surviving descendants.
Additionally, Ayanda's actions resulting in the death of Charlotte do not affect the
distribution of Tom's estate.
1
See the Intestate Succession Act 81 of 1987.
, Therefore, Tom's estate will devolve as per the above distribution, with Siya inheriting
Charlotte's share.
Question 2
Teddy, who died intestate in October 2022, was married out community of
property to Wilma. The accrual system was applicable to the marriage and
Teddy’s estate is entitled to R200 000 accrual from Wilma. They had four children,
Ada, Ben, Chris (adopted) and Dumi. Ada, who died in 2015, had 3 daughters,
Elma, Flora and Gaby. Chris, who died 2010, was survived by his son, Siya.
Teddy’s estate was worth R 1 600 000.
Calculate how Teddy’s estate will devolve and give reasons for your calculations.
[10]
In this case, Teddy died intestate and was married out of community of property to
Wilma under the accrual system. Teddy's estate is entitled to R 200 000 accrual from
Wilma. Teddy and Wilma had four children, Ada, Ben, Chris (adopted), and Dumi. Ada
is predeceased, but she had three daughters, Elma, Flora, and Gaby. Chris is also
predeceased, but he is survived by his son, Siya. Teddy's estate is worth R 1 600 000.
According to the rules of intestate succession, the distribution of Teddy's estate will be
as follows:
1. First, the surviving spouse and descendants of the deceased will inherit from the
estate.
2. If there is no surviving spouse, the descendants will inherit.
3. If there are no descendants, the parents of the deceased will inherit.
4. If there are no parents, the estate will go to the nearest blood relatives.
As per the accrual system, Wilma is entitled to R 200 000 of Teddy's estate. The
remaining R 1 400 000 will devolve among Teddy's surviving descendants.
Therefore, the distribution of Teddy's estate will be as follows:
Wilma: R 200 000 (accrual)
a) Ben: 1/3 of the remaining R 1 400 000
b) Dumi: 1/3 of the remaining R 1 400 000
c) Siya (Chris's son): 1/3 of the remaining R 1 400 000
Elma, Flora, and Gaby (Ada's daughters): No portion of the estate, as they are not direct
descendants of Teddy.
