Exam (elaborations)
Exam (elaborations) Law of Succession (pvl2602)
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1|PageEXAM PACK
PVL2602
T
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,2|Page
CONTENTS PAGE
PVL 2602 MAY-JUNE 2019 PAGE
PVL 2602 OCT-NOV 2018 PAGE
PVL 2602 MAY-JUNE 2018 PAGE
PVL 2602 MAY-JUNE 2017 PAGE
PVL 2602 MAY –JUNE 2016 PAGE
PVL 2602 OCT – NOV 2016 PAGE
PVL 2602 MAY -JUNE 2015 PAGE
PVL 2602 OCT-NOV 2014 PAGE
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,3|Page
PV L 2602
MAY/JUNE 2019
EXAM MEMO
SECTION A
1. 3
2. 2
3. 3
4. 1.
5. 1
6. 3
7. 2
8. 3.
9. 4
10. 4
11. 1
12. 1
13. 1
14. 1
15. 4
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, 4|Page
SECTION B
QUESTION 1
Derrick’s estate will be devolved as follows:
Derrick’s estate is worth R 2 500 000.00
(1) Prior to the coming into operation of the Recognition of Customary Marriages Act
on 15 November 2000, customary marriages were recognized only for limited
purposes, because they permit polygyny and are not solemnized in terms of the
Marriage Act. Section 2 of the Recognition of Customary Marriages Act
conferred full legal recognition on monogamous and de facto polygynous
customary marriages regardless of when they were concluded.
(2) In Bhe v Magistrate, Khayelitsha 2005 (1) SA 580 (CC) the court held that the
word “spouse or survivor” as used in the Intestate Succession Act 81 of 1987,
includes a surviving partner in a monogamous and polygynous customary
marriage. As a result all the spouses are entitled to inherit.
(3) Therefore since this is a polygamous marriage in this instance Derrick is married
out of community of property, since he cannot have a joint estate with more than
one wife.
(4) The deceased is survived by spouses and children - section 1(1)(c) of the Wills
Act is applicable and provides that the spouses will inherit either a child’s portion
or R250 000, whichever is greater
(5) A child’s portion is calculated by dividing the value of the intestate estate by the
number of the children of the deceased who have either survived him,
(6) or have predeceased him but are survived by their descendants,
(7) plus the number of surviving spouses.
(8) Therefore, in this case, a child’s portion equals R2 500 000 ÷ 5 = R500 000.00
(Christopher, Thabiso, Bongani + Wendy and Nontombeko).
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