2026
Assessment 1
Due date: 2 April 2026
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Unique assignment number: 279194
, PVL2602 – Law of Succession
Assessment 1 (Semester 1 – 2026)
Question 1
Applicable law
Thabo died intestate in 2025. The distribution of his estate is therefore governed by the
Intestate Succession Act 81 of 1987, as amended, read together with the Recognition
of Customary Marriages Act 120 of 1998, and relevant constitutional case law such as
Bhe v Magistrate, Khayelitsha.
All Thabo’s marriages were valid customary marriages, and therefore all surviving
wives qualify as spouses for purposes of intestate succession.
The value of the estate is R2 100 000.
Identify intestate heirs
The following relatives must be considered:
• Spouses: Anna and Basetsana (both alive at the time of death)
• Descendants:
• Cyril (son with Anna)
• Malefu (daughter with Basetsana)
• Lerato and Neo (twin daughters with Dinah)
• Selo and Yvette (grandchildren representing their deceased father Ernest)
• Phula (grandchild of Cyril – does not inherit because Cyril is alive)
• Xilo (child of Lerato – does not inherit because Lerato is alive)
• Mother: Sarah (does not inherit because Thabo left descendants)
Determine who is excluded from inheriting
• Cyril is disqualified from inheriting because he murdered Kabelo. In terms of the
common-law rule of unworthiness (bloedige hand), a person who unlawfully and
intentionally kills another heir is precluded from inheriting.
• Kabelo cannot inherit because he predeceased Thabo.
• Phula does not inherit because her father Cyril would have inherited if he were not