PVL2602
Assignment 1
Semester 2 – 2023
Question 1
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)
Ayanda died without leaving a will at all. In this case, the devolution of her estate will be
regulated by the laws of intestate succession.
Ayanda died leaving behind her spouse, descendants, and grandchildren.
The law provides that where the deceased is survived by one spouse as well as descendants
the surviving spouse inherits whichever is the greater of either a child's portion (also called a
child's share) or an amount fixed from time to time by the Minister of Justice and Constitutional
Development (the amount is presently R250 000).
Assignment 1
Semester 2 – 2023
Question 1
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)
Ayanda died without leaving a will at all. In this case, the devolution of her estate will be
regulated by the laws of intestate succession.
Ayanda died leaving behind her spouse, descendants, and grandchildren.
The law provides that where the deceased is survived by one spouse as well as descendants
the surviving spouse inherits whichever is the greater of either a child's portion (also called a
child's share) or an amount fixed from time to time by the Minister of Justice and Constitutional
Development (the amount is presently R250 000).
