PVL2602
ASSIGNMENT 2
DUE DATE: 2 APRIL 2026
,PVL2602 ASSIGNMENT 1 2026
DUE 2 APRIL 2026
Question 1
Thabo died intestate in 2025, leaving behind the following relatives:
• His wives, Anna and Basetsana to whom he was married in terms of the
customary law.
Thabo had also been married to Dinah in terms of customary law, but she
died in 2020.
• His son, Cyril, was born from his marriage to Anna. Cyril has a daughter,
Phula…..
ANSWER
Thabo died intestate in 2025. His estate of R2 100 000 will devolve
according to the Intestate Succession Act 81 of 1987, as amended, read
with relevant case law. He is survived by two customary law wives, Anna
and Basetsana, and by descendants. The predeceased wife Dinah does
not qualify as a survivor. The following principles apply:
, In Hassam v Jacobs NO the Constitutional Court held that the word
“spouse” in the Act includes surviving partners in a polygamous Muslim
marriage; the same applies to customary marriages. Therefore Anna and
Basetsana are both recognised as spouses.
Section 1(1)(c) of the Act provides that if a deceased is survived by a
spouse and descendants, the spouse inherits either a child’s share or a
statutory amount (currently R250 000), whichever is greater. The remainder
of the estate is then divided among the descendants per stirpes.
A child’s share is calculated by dividing the value of the estate by the
number of children who either survived the deceased or predeceased him
but are survived by descendants, plus the number of surviving spouses.
Determine the child’s share
Thabo’s children:
Cyril son from Anna alive
Ernest son from Anna predeceased, survived by his children Selo and
Yvette
Malefu daughter from Basetsana alive
Kabelo son from Basetsana predeceased, no descendants
Lerato daughter from Dinah alive
ASSIGNMENT 2
DUE DATE: 2 APRIL 2026
,PVL2602 ASSIGNMENT 1 2026
DUE 2 APRIL 2026
Question 1
Thabo died intestate in 2025, leaving behind the following relatives:
• His wives, Anna and Basetsana to whom he was married in terms of the
customary law.
Thabo had also been married to Dinah in terms of customary law, but she
died in 2020.
• His son, Cyril, was born from his marriage to Anna. Cyril has a daughter,
Phula…..
ANSWER
Thabo died intestate in 2025. His estate of R2 100 000 will devolve
according to the Intestate Succession Act 81 of 1987, as amended, read
with relevant case law. He is survived by two customary law wives, Anna
and Basetsana, and by descendants. The predeceased wife Dinah does
not qualify as a survivor. The following principles apply:
, In Hassam v Jacobs NO the Constitutional Court held that the word
“spouse” in the Act includes surviving partners in a polygamous Muslim
marriage; the same applies to customary marriages. Therefore Anna and
Basetsana are both recognised as spouses.
Section 1(1)(c) of the Act provides that if a deceased is survived by a
spouse and descendants, the spouse inherits either a child’s share or a
statutory amount (currently R250 000), whichever is greater. The remainder
of the estate is then divided among the descendants per stirpes.
A child’s share is calculated by dividing the value of the estate by the
number of children who either survived the deceased or predeceased him
but are survived by descendants, plus the number of surviving spouses.
Determine the child’s share
Thabo’s children:
Cyril son from Anna alive
Ernest son from Anna predeceased, survived by his children Selo and
Yvette
Malefu daughter from Basetsana alive
Kabelo son from Basetsana predeceased, no descendants
Lerato daughter from Dinah alive
