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Questions and Answers
What is the term for a person in a direct upward line from the deceased?
What is the term for a person in a direct upward line from the deceased?
What is the term for every child who survives the deceased and every child who predeceases the deceased but has descendants?
What is the term for every child who survives the deceased and every child who predeceases the deceased but has descendants?
What is the term for a person with the same ancestor as the deceased?
What is the term for a person with the same ancestor as the deceased?
In the case of intestate succession, who is entitled to inherit from the deceased?
In the case of intestate succession, who is entitled to inherit from the deceased?
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What is the consequence of a person dying without a will?
What is the consequence of a person dying without a will?
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What is the term for a person who is in a life partnership with the deceased?
What is the term for a person who is in a life partnership with the deceased?
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According to the basic rules of intestate succession, which relatives inherit if there are no blood relatives in the 1st parental group?
According to the basic rules of intestate succession, which relatives inherit if there are no blood relatives in the 1st parental group?
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How does the estate split in the 2nd parental group?
How does the estate split in the 2nd parental group?
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Who inherits if there are no relatives in the 2nd parental group?
Who inherits if there are no relatives in the 2nd parental group?
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What determines parenthood according to the case of Wilsnach v TM?
What determines parenthood according to the case of Wilsnach v TM?
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How would John's estate be divided if he died without leaving a will?
How would John's estate be divided if he died without leaving a will?
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What happens to Tito's estate since he died without leaving a will?
What happens to Tito's estate since he died without leaving a will?
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How would Yusuf's estate be divided according to Section 1(1)(a)?
How would Yusuf's estate be divided according to Section 1(1)(a)?
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What happens to Yusuf's estate if he died without leaving a will?
What happens to Yusuf's estate if he died without leaving a will?
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What is the type of distribution where every person inherits the same share based on their closest blood relationship?
What is the type of distribution where every person inherits the same share based on their closest blood relationship?
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What is the type of succession where a person fills the place of a predeceased heir of the deceased based on blood relationship?
What is the type of succession where a person fills the place of a predeceased heir of the deceased based on blood relationship?
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What is the category of parental group that includes parents and their descendants?
What is the category of parental group that includes parents and their descendants?
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What is the type of marriage recognized by the Marriage Act?
What is the type of marriage recognized by the Marriage Act?
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Who can inherit according to the Intestate Succession Act?
Who can inherit according to the Intestate Succession Act?
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What is the status of a child born through artificial fertilization with the consent of both spouses?
What is the status of a child born through artificial fertilization with the consent of both spouses?
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What is the status of a child born of a valid surrogacy arrangement?
What is the status of a child born of a valid surrogacy arrangement?
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What was the outcome of the Bhe v Magistrate, Khayelitsha case?
What was the outcome of the Bhe v Magistrate, Khayelitsha case?
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Who is included in the definition of 'spouse' in the Intestate Succession Act?
Who is included in the definition of 'spouse' in the Intestate Succession Act?
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What is the status of an unborn child in terms of inheritance?
What is the status of an unborn child in terms of inheritance?
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What is the value of Tom's estate at his death?
What is the value of Tom's estate at his death?
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Who survives Gavin after his death?
Who survives Gavin after his death?
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How will Zandile's estate of R200 000 be divided?
How will Zandile's estate of R200 000 be divided?
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What is the relationship between Nandi and Zandile?
What is the relationship between Nandi and Zandile?
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What is the value of Justin's estate?
What is the value of Justin's estate?
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Who is considered as Justin's mother after his mother's death?
Who is considered as Justin's mother after his mother's death?
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How will Clint's estate be divided?
How will Clint's estate be divided?
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What is the relationship between Anton and Gavin?
What is the relationship between Anton and Gavin?
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What happens if a descendant repudiates their benefit in favour of the deceased's surviving spouse?
What happens if a descendant repudiates their benefit in favour of the deceased's surviving spouse?
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Who is entitled to a benefit from Clint's estate?
Who is entitled to a benefit from Clint's estate?
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What happens if a person is disqualified from being an heir of the deceased?
What happens if a person is disqualified from being an heir of the deceased?
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How much is Charlie's estate worth?
How much is Charlie's estate worth?
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What happens if Tammy repudiates her benefit in an attempt to benefit Lewis?
What happens if Tammy repudiates her benefit in an attempt to benefit Lewis?
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How many wives did Andile have at the time of his death?
How many wives did Andile have at the time of his death?
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What happens if a descendant repudiates their benefit but does not benefit with the deceased's surviving spouse?
What happens if a descendant repudiates their benefit but does not benefit with the deceased's surviving spouse?
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What is the relationship between Kgomotso and Tumiso to Andile?
What is the relationship between Kgomotso and Tumiso to Andile?
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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
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Description
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.
