Syscon Tut 4
Prescribed reading:
• MJ De Waal ‘The social and economic foundations of the law of succession’ (1997) 8 Stell LR 162.
• Bhe v Magistrate, Khayelitsha 2005 (1) SA 580 (CC) paras 1–3, 9–20, 35–97, 109–19, 136 (only
orders 2, 4 and 5) and 141–86.
• Intestate Succession Act 81 of 1987 s 1(4)(b) [before and after its amendment].
• Black Administration Act 38 of 1927 s 23 [before and after its repeal].
• Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009.
Section A (True/False) [2 marks each]
Decide whether each statement below is either true or false. If true, then no more is required of you. If false,
provide a brief explanation as to why the statement is false.
1. The law of succession concerns both inheritance law, which governs the distribution of the
deceased’s estate, and succession proper, which governs the transfer of the deceased’s status.
True.
2. Intestate succession refers to the legal process that determines how the deceased’s estate is
distributed, and their status transferred, upon their death without a valid will.
True.
3. Universal succession stipulates that the deceased’s heir takes only the benefits, and not the burdens,
that will befall them upon the deceased’s death.
False, universal succession stipulates that the heir must take on the role of the deceased, which
includes taking the benefits and burdens the deceased once had.
4. In terms of the Roman-Dutch law of intestate succession, the deceased’s spouse was entitled to
inherit the entirety of the deceased estate to the exclusion of all others.
False, the deceased spouse would inherit 50% (assuming they were married in community of
property) and remaining half – husband’s portion is then divided amongst the descendants).
Prescribed reading:
• MJ De Waal ‘The social and economic foundations of the law of succession’ (1997) 8 Stell LR 162.
• Bhe v Magistrate, Khayelitsha 2005 (1) SA 580 (CC) paras 1–3, 9–20, 35–97, 109–19, 136 (only
orders 2, 4 and 5) and 141–86.
• Intestate Succession Act 81 of 1987 s 1(4)(b) [before and after its amendment].
• Black Administration Act 38 of 1927 s 23 [before and after its repeal].
• Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009.
Section A (True/False) [2 marks each]
Decide whether each statement below is either true or false. If true, then no more is required of you. If false,
provide a brief explanation as to why the statement is false.
1. The law of succession concerns both inheritance law, which governs the distribution of the
deceased’s estate, and succession proper, which governs the transfer of the deceased’s status.
True.
2. Intestate succession refers to the legal process that determines how the deceased’s estate is
distributed, and their status transferred, upon their death without a valid will.
True.
3. Universal succession stipulates that the deceased’s heir takes only the benefits, and not the burdens,
that will befall them upon the deceased’s death.
False, universal succession stipulates that the heir must take on the role of the deceased, which
includes taking the benefits and burdens the deceased once had.
4. In terms of the Roman-Dutch law of intestate succession, the deceased’s spouse was entitled to
inherit the entirety of the deceased estate to the exclusion of all others.
False, the deceased spouse would inherit 50% (assuming they were married in community of
property) and remaining half – husband’s portion is then divided amongst the descendants).
