Study Unit 3

Question 1

What instances does the Law of Intestate Succession apply?

Answer 1

1. No will left by the deceased. 2. Invalid will not condonable. 3. Valid will becomes inoperative. 4. Valid will regulates only part of the assets.

Question 2

Define blood relationship in the context of intestate succession.

Answer 2

Blood relatives are principal intestate heirs, categorized into: * Descendants * Ascendants * Collaterals

Question 3

What are the three categories of blood relatives?

Answer 3

• Descendants * Ascendants (or ancestors) * Collaterals

Question 4

What is a parentela?

Answer 4

A parental group and its descendants, with the spouse and descendants forming the 1st parentela.

Question 5

What constitutes E’s 1st parentela?

Answer 5

E’s 1st parentela is made up of H, I, and J.

Question 6

Define stirps in intestate succession.

Answer 6

A stirps includes any surviving child and deceased child with descendants of the deceased.

Question 7

How many stirpes does E have?

Answer 7

E has three stirpes: A (deceased with descendants), B (surviving), and C (surviving).

Question 8

What does representation mean in intestate succession?

Answer 8

When an intestate heir cannot inherit, their descendants take their place to inherit.

Question 9

True or False: Degrees of relationship signify the closeness of blood relatives.

Answer 9

True

Question 10

How are degrees of relationship calculated between ascendants and descendants?

Answer 10

By counting generations between relatives.

Question 11

What is the division of the intestate estate if the deceased is survived by a spouse but not by descendants?

Answer 11

The surviving spouse inherits the entire net intestate estate.

Question 12

What happens if the deceased is survived by descendants but not by a spouse?

Answer 12

The descendants inherit the entire net intestate estate.

Question 13

What is the distinction for intestate estates for those who passed away on or after 24 November 2014?

Answer 13

The surviving spouse inherits the greater of a child’s portion or a specified amount (R250,000).

Question 14

How is a child’s portion calculated in the presence of multiple spouses and descendants?

Answer 14

Dividing the net value of the estate by the sum of stirpes and surviving spouses.

Question 15

What is the result of intestate succession if the deceased is survived by both parents?

Answer 15

The parents inherit the net intestate estate in equal shares.

Question 16

What occurs if the deceased is survived by one parent and descendants of a deceased parent?

Answer 16

The surviving parent inherits half, the descendants inherit the other half.

Question 17

What happens if the deceased is not survived by a spouse, descendants, or parents, but by descendants of deceased parents?

Answer 17

The estate is split into two equal parts for each parent’s descendants.

Question 18

Fill in the blank: A ________ is any surviving child of the deceased who can be an intestate heir.

Answer 18

[stirps]

Question 19

How much does G inherit from M’s estate?

Answer 19

R200 000

Question 20

What is the inheritance amount for B from M’s estate?

Answer 20

R200 000

Question 21

What amount do D and F each inherit from M’s estate?

Answer 21

R100 000

Question 22

What is the total value of E’s net intestate estate?

Answer 22

R800 000

Question 23

According to S1(1)(e)(ii), who inherits the entire net intestate estate if the deceased is survived only by the descendant(s) of one deceased parent?

Answer 23

The descendant(s) of the deceased parent

Question 24

What principle governs the division of an intestate estate among blood relatives in the 3rd or further parentelae?

Answer 24

Per capita according to the Roman-Dutch principle ‘die naaste bloed erf die goed’

Question 25

Who inherits E’s intestate estate after being adopted by X and Y?

Answer 25

X and Y

Question 26

Fill in the blank: An adopted child is regarded as the _______ of the adoptive parent.

Answer 26

child

Question 27

What does S 1(2) of the Intestate Succession Act state about children born out of wedlock?

Answer 27

It shall not affect the capacity of one blood relation to inherit.

Question 28

How much does A inherit if E's net intestate estate is valued at R1.2 million?

Answer 28

R300 000

Question 29

When does dies cedit occur for a deceased’s intestate heirs?

Answer 29

On the deceased’s death

Question 30

True or False: A person who murders the deceased can still inherit from the deceased.

Answer 30

False

Question 31

What is the effect of disqualification from inheriting as per S 1(7) of the Intestate Succession Act?

Answer 31

The benefit devolves as if the disqualified heir had predeceased the deceased.

Question 32

What happens if a major, mentally healthy descendant renounces their right to inherit under S 1(6)?

Answer 32

The renounced share vests in the surviving spouse.

Question 33

Fill in the blank: If D is disqualified due to unworthiness, he is treated as if he had _______ E.

Answer 33

predeceased

Question 34

What is the key consideration for unworthiness to inherit?

Answer 34

Public policy

Question 35

According to case law, who are generally considered conjunctissimae personae?

Answer 35

Parents, spouse(s), and child(ren)

Question 36

In the case of Ex parte Steenkamp, what was the ruling regarding a child who murdered a parent?

Answer 36

The child cannot inherit from the deceased parent.

Question 37

What happens when a deceased leaves a valid will that becomes inoperative?

Answer 37

Dies cedit occurs at the time the will became inoperative.

Question 38

What is the significance of S 1(4)(e)(ii) of the Intestate Succession Act regarding adopted children?

Answer 38

An adopted child remains a descendant of their natural parent if the natural parent is also the adoptive parent.

Question 39

Fill in the blank: E's intestate heirs are X and Y, not _______ and P.

Answer 39

M

Question 40

What is the division structure for intestate estates in the absence of a spouse, descendants, or parents?

Answer 40

Divided equally among blood relatives most closely related.

Question 41

What happens to D's intestate inheritance after renouncing it?

Answer 41

The renounced share vests in V as the surviving spouse ## Footnote D's renounced share will not go to G and H by representation.

Question 42

How much does V inherit from E's intestate estate?

Answer 42

600,000 (her child's portion + D's renounced share) ## Footnote This amount is derived from the total estate allocation.

Question 43

How much do A and B each inherit from E's intestate estate?

Answer 43

300,000 each ## Footnote This is the remaining portion of the intestate estate after V's share.

Question 44

What occurs if a person dies intestate without any heirs?

Answer 44

The executor hands over all monies to the Master of the High Court ## Footnote These monies cannot be apportioned to any intestate heirs.

Question 45

What does the Master of the High Court do with unclaimed intestate estate monies?

Answer 45

Places them in the Guardian’s Fund ## Footnote This is for any person who may come forward to claim those monies.

Question 46

What happens to the monies in the Guardian’s Fund if not claimed after 30 years?

Answer 46

They are forfeited to the State as bona vacantia ## Footnote This is a legal principle regarding unclaimed property.

Question 47

What marital property regime was in place between E and V?

Answer 47

Married out of community of property with the exclusion of the accrual system ## Footnote This affects the distribution of the estate upon E's death.

Question 48

Who are the surviving heirs of E?

Answer 48

* V (wife) * A (grandson) * B (grandson) * C (daughter) * D (daughter) * P (father) ## Footnote B is serving a 20-year prison sentence for murder, which may affect his inheritance.

Question 49

What is the net value of E’s estate upon termination of marriage?

Answer 49

1.2 million ## Footnote This value is crucial for the division of the estate among heirs.

Question 50

What is D's decision regarding her inheritance from E?

Answer 50

She does not want to inherit anything from E ## Footnote D is 19 years old and mentally healthy.

Question 51

True or False: If an intestate estate has no heirs, the estate is distributed to the deceased's relatives.

Answer 51

False ## Footnote The estate is handed over to the Master of the High Court if there are no heirs.