40 Questions
What is the term for a person in a direct upward line from the deceased?
Ascendant
What is the term for every child who survives the deceased and every child who predeceases the deceased but has descendants?
Stirps
What is the term for a person with the same ancestor as the deceased?
Collateral
In the case of intestate succession, who is entitled to inherit from the deceased?
All of the above, including the spouse and permanent life partner
What is the consequence of a person dying without a will?
The deceased's estate will be distributed according to the rules of intestate succession
What is the term for a person who is in a life partnership with the deceased?
Permanent life partner
According to the basic rules of intestate succession, which relatives inherit if there are no blood relatives in the 1st parental group?
Closest blood relatives in the 2nd parental group
How does the estate split in the 2nd parental group?
In half
Who inherits if there are no relatives in the 2nd parental group?
Closest blood relatives in the 3rd parental group
What determines parenthood according to the case of Wilsnach v TM?
Biology and other factors
How would John's estate be divided if he died without leaving a will?
Mary inherits the entire estate as she is the spouse
What happens to Tito's estate since he died without leaving a will?
The estate is divided between Nomsa and Kagiso's Estate
How would Yusuf's estate be divided according to Section 1(1)(a)?
Fatima and Rafiekah inherit equally
What happens to Yusuf's estate if he died without leaving a will?
The estate is divided equally between Fatima and Rafiekah
What is the type of distribution where every person inherits the same share based on their closest blood relationship?
Per capita distribution
What is the type of succession where a person fills the place of a predeceased heir of the deceased based on blood relationship?
Succession by representation
What is the category of parental group that includes parents and their descendants?
2nd parental
What is the type of marriage recognized by the Marriage Act?
Civil marriage
Who can inherit according to the Intestate Succession Act?
Only natural persons
What is the status of a child born through artificial fertilization with the consent of both spouses?
Regarded as the child of the couple
What is the status of a child born of a valid surrogacy arrangement?
Regarded as the child of the commissioning parents
What was the outcome of the Bhe v Magistrate, Khayelitsha case?
ISA is applicable to customary marriages
Who is included in the definition of 'spouse' in the Intestate Succession Act?
All spouses, including those in customary, religious, and permanent life partnerships
What is the status of an unborn child in terms of inheritance?
An unborn child can inherit through the nasciturus fiction
What is the value of Tom's estate at his death?
R1.2 million
Who survives Gavin after his death?
Father, sister, niece, and half-brother
How will Zandile's estate of R200 000 be divided?
According to S 1(1)(e)(i)(aa)−(cc)
What is the relationship between Nandi and Zandile?
Half-sister on mother's side
What is the value of Justin's estate?
R800 000
Who is considered as Justin's mother after his mother's death?
Monica's sister
How will Clint's estate be divided?
According to S 1(1)(f)
What is the relationship between Anton and Gavin?
Half-brother
What happens if a descendant repudiates their benefit in favour of the deceased's surviving spouse?
The descendant is considered to have predeceased the deceased
Who is entitled to a benefit from Clint's estate?
Leon, Nancy, Cindy, Paul, and Minki
What happens if a person is disqualified from being an heir of the deceased?
The estate devolves as if the person died immediately before the deceased
How much is Charlie's estate worth?
R900 000
What happens if Tammy repudiates her benefit in an attempt to benefit Lewis?
Tammy is considered to have predeceased Charlie
How many wives did Andile have at the time of his death?
Two
What happens if a descendant repudiates their benefit but does not benefit with the deceased's surviving spouse?
The descendant is considered to have predeceased the deceased
What is the relationship between Kgomotso and Tumiso to Andile?
Wives
Study Notes
Intestate Succession
- Intestate succession refers to the distribution of a deceased person's estate when they die without a will.
Basic Concepts
- Descendant: a person in a downward line (e.g., child, grandchild)
- Ascendant: a person in a direct upward line (e.g., parent, grandparent)
- Collateral: a person with a common ancestor (e.g., sibling, aunt, uncle)
- Spouse: includes married, civil union, and permanent life partners
- Permanent life partner: a person in a permanent life partnership with reciprocal duties of support
- Stirps/Stirpes: every child who survives the deceased, including those who predeceased but had descendants
- Succession by representation: a person filling the place of a predeceased heir
- Per capita distribution: every person inherits the same share based on closest blood relationship
- Parental: a parent group (e.g., 1st parental group: deceased and descendants; 2nd parental group: parents and descendants)
Capacity to Inherit
- Only natural persons can inherit
- Extramarital, adulterine, and incestuous children may inherit
- Adopted children are regarded as descendants of adoptive parents and may inherit from them
- Children born through artificial fertilization or surrogacy may inherit from the commissioning parents
- Stepchildren may not inherit unless adopted by the step-parent
- Unborn children may inherit ito nasciturus fiction
Vesting of Rights
- Rights vest at the date of death; if a will becomes inoperative, vesting occurs at the date the will becomes inoperative
- Enforcement of rights occurs once the estate is administered
Constitutional Challenges
- Bhe v Magistrate, Khayelitsha: ISA applies to customary marriages
- Daniels v Campbell: "spouse" includes women in monogamous Islamic marriages
- Hassam v Jacobs: "spouse" includes women in polygamous Islamic marriages
- Govender v Ragavayab: "spouse" includes women in monogamous Hindu marriages
- Gory v Kolver: "spouse" includes partners in permanent same-sex life partnerships
- Volks v Robinson: "survivor" excludes heterosexual partners in permanent life partnerships
- Laubscher v Duplan: endorsed Gory v Kolver decision
- Bwanya v Master of the High Court: "spouse" includes partners in permanent life partnerships
- Wilsnach v TM: biology is not the only determinant of parenthood
Basic Rules of Intestate Succession
- Only blood relatives and spouses inherit
- Spouses and descendants have preference
- Descendants inherit per stirpes
- If no blood relatives in the 1st parental group, the estate goes to the 2nd parental group
- The estate splits in half in the 2nd parental group
- If no relatives in the 2nd parental group, the closest blood relative in the 3rd parental group inherits per capita
This quiz covers the basics of intestate succession, including vesting of rights, capacity to inherit, and applicable laws. It also explores constitutional challenges and rules of disqualification.
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