Ayanda and Cele were married in community of property in 1999 and a son, Dan was born in 2001
from this marriage. Ayanda and Cele were divorced later in 2001. Ayanda then married Ben out of
community of property in 2003. Three children were born from their marriage, namely Xandi, Yvette
and Zoya. Xandi had a child, Mary.
In 2004, Ayanda and Ben made a mutual will in which they bequeathed their entire estates to each
other. On 1 April 2022, Ayanda and Ben were divorced and on 1 May 2022, Ayanda again married her
childhood sweetheart, Cele. This second marriage to Cele was again in community of property. The
couple’s child, Dan, died in 2020 but left four children, Junior, Eve, Fiona and Siya. In addition, Cele
also has a child from a previous marriage with Wendy, namely Gerald.
Ayanda died on 21 May 2022. Ayanda and Cele’s joint estate is worth R3 000 000. Explain how the
estate will be divided after Ayanda’s death and give reasons for your answer. (10)
After Ayanda's death, the estate will be divided in accordance with the laws of intestate succession
as Ayanda did not leave a valid will. According to the Intestate Succession Act, the estate will be
distributed as follows:
1. Cele, as Ayanda's spouse at the time of her death, will be entitled to a child's share or a minimum
of R250,000 (whichever is greater) from the joint estate. In this case, the joint estate is worth
R3,000,000, so Cele will be entitled to R250,000.
from this marriage. Ayanda and Cele were divorced later in 2001. Ayanda then married Ben out of
community of property in 2003. Three children were born from their marriage, namely Xandi, Yvette
and Zoya. Xandi had a child, Mary.
In 2004, Ayanda and Ben made a mutual will in which they bequeathed their entire estates to each
other. On 1 April 2022, Ayanda and Ben were divorced and on 1 May 2022, Ayanda again married her
childhood sweetheart, Cele. This second marriage to Cele was again in community of property. The
couple’s child, Dan, died in 2020 but left four children, Junior, Eve, Fiona and Siya. In addition, Cele
also has a child from a previous marriage with Wendy, namely Gerald.
Ayanda died on 21 May 2022. Ayanda and Cele’s joint estate is worth R3 000 000. Explain how the
estate will be divided after Ayanda’s death and give reasons for your answer. (10)
After Ayanda's death, the estate will be divided in accordance with the laws of intestate succession
as Ayanda did not leave a valid will. According to the Intestate Succession Act, the estate will be
distributed as follows:
1. Cele, as Ayanda's spouse at the time of her death, will be entitled to a child's share or a minimum
of R250,000 (whichever is greater) from the joint estate. In this case, the joint estate is worth
R3,000,000, so Cele will be entitled to R250,000.
