Kayleigh May
Student number: 68021321
PVL2602 – Assignment 1
Date: 24/05/2021
, Question 1
Wanda’s total estate is equal to R600 000, comprising of her R500 000 and the accrual
of R100 000 from Xavier’s estate that she is entitled to. This accrual is added to her estate
before it is divided between the beneficiaries.
In this case, the possible beneficiaries are as follows:
• Xavier – he is first in line for inheriting from Wanda’s estate, as provided by Section
1(c)(i) of the Intestate Succession Act, which states that the surviving spouse shall
be eligible to receive a child’s portion of the estate, equal to or greater than a fixed
amount as determined by the Minister of Justice in notice in the Government
Gazette, which is currently set at R250 000. The surviving spouse will receive
which ever amount is the largest, and the remainder of the estate value will then
be divided by the surviving descendants eligible to inherit from the estate.
• Ben – he is eligible to inherit from Wanda’s estate, as he is a blood relation and
descendant. This is in line with Section 1(2) of the Intestate Succession Act.
• Francis – she refused to inherit from her mother, thus she won’t be included in the
distribution of the estate. Section 1(7) of the Intestate Succession Act stipulates
that if a person is disqualified from being an heir of the deceased, or decides to
repudiate their inheritance, the benefit the heir would have received devolves, as
if the heir had died before the deceased, and as if they had not been disqualified
from receiving or refused the inheritance. This means that the heir is considered
predeceased, and any descendants of the predeceased would have inherited their
portion of the estate. However, when an heir repudiates their inheritance, one must
read section 1(7) and 1(6) of the Act together, as section 1(7) is subject to section
1(6). These sections together illustrate the following: if an intestate heir repudiates
their inheritance and the deceased is survived by a spouse, the surviving spouse
will inherit the repudiating heir’s portion of the estate. Only if the deceased is not
survived by a spouse, will the repudiating heir be deemed predeceased and the
descendants of the repudiating heir will inherit by representation per stirpes. In this
case, it means that neither Francis nor her descendants will inherit, but Xavier will
receive her portion of the estate, as he is the surviving spouse.
Student number: 68021321
PVL2602 – Assignment 1
Date: 24/05/2021
, Question 1
Wanda’s total estate is equal to R600 000, comprising of her R500 000 and the accrual
of R100 000 from Xavier’s estate that she is entitled to. This accrual is added to her estate
before it is divided between the beneficiaries.
In this case, the possible beneficiaries are as follows:
• Xavier – he is first in line for inheriting from Wanda’s estate, as provided by Section
1(c)(i) of the Intestate Succession Act, which states that the surviving spouse shall
be eligible to receive a child’s portion of the estate, equal to or greater than a fixed
amount as determined by the Minister of Justice in notice in the Government
Gazette, which is currently set at R250 000. The surviving spouse will receive
which ever amount is the largest, and the remainder of the estate value will then
be divided by the surviving descendants eligible to inherit from the estate.
• Ben – he is eligible to inherit from Wanda’s estate, as he is a blood relation and
descendant. This is in line with Section 1(2) of the Intestate Succession Act.
• Francis – she refused to inherit from her mother, thus she won’t be included in the
distribution of the estate. Section 1(7) of the Intestate Succession Act stipulates
that if a person is disqualified from being an heir of the deceased, or decides to
repudiate their inheritance, the benefit the heir would have received devolves, as
if the heir had died before the deceased, and as if they had not been disqualified
from receiving or refused the inheritance. This means that the heir is considered
predeceased, and any descendants of the predeceased would have inherited their
portion of the estate. However, when an heir repudiates their inheritance, one must
read section 1(7) and 1(6) of the Act together, as section 1(7) is subject to section
1(6). These sections together illustrate the following: if an intestate heir repudiates
their inheritance and the deceased is survived by a spouse, the surviving spouse
will inherit the repudiating heir’s portion of the estate. Only if the deceased is not
survived by a spouse, will the repudiating heir be deemed predeceased and the
descendants of the repudiating heir will inherit by representation per stirpes. In this
case, it means that neither Francis nor her descendants will inherit, but Xavier will
receive her portion of the estate, as he is the surviving spouse.
