PVL2602 MAY/JUNE 2016 MEMO

Law of Succession Exam Pack 2016


MAY/ JUNE 2016



Section A; Multiple Choice
1. 3

2. 1

3. 2

4. 3

5. 4

6. 4

7. 4

8. 1

9. 1

10.1

11. 4

12. 3

13. 4

14. 4

15. 2



Section B



1.1 Ben Charlotte and Gabriel – Equal Shares

, Pria and Sadine ½ or 50% each of Gabriel’s share



1.2. Basil ½ 50 % - Pam ¼ 25% & Sandra ¼ 25%

1.3 Sky ½ 50% Barry ¼ 25% Christian ¼ 25 % (for Harold)

1.4 Wanda 100 %

1.5 Dumisane and Frans will inherit because of the operation of section 2(3) of the Wills
Act because that what the testator intended.



Question 2



In this scenario Rule no 3 applies.

Spouses married in terms of Muslim rites they are recognized as spouses in terms of
Intestate Succession Act. The surviving spouses will inherit the child’s portion, or an
amount fixed from time to time by the Minister of Justice which is currently R250 000
whichever is greater.

A child's portion is calculated by dividing the deceased's estate by the number of
children who have either survived him or her, or who have predeceased him or her but
have left descendants of their own, plus the number of surviving spouses.

Xander’s Estate is 1.500 000

Divide by 3 spouses (Binesh Chanda and Daria) plus 5 surviving children or if
predeceased represented by their descendants i.e. ( Eliza -Yamina +Fadi +Ghania-
Zaheer + Hafiz + Jahida ) = 8 children

1.500 000

8

Child Portion /Share = R 187 500

However, the Child’s portion is less than the amount fixed by the Minister therefore the
spouses get R250 000 each.

Binesh R250 000 + Chanda R250 000 + Daria R250 000