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PVL 2602 ASSINGMENT
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PVL 2602Assignment 1
Semester 1
2023
Question 1
a) Toms intestate estate available for distribution amounts to R800 000.
b) Tom had a spouse and children, however Toms spouse is pre-deceased
therefore section 1(1)(b) of the Intestate Succession Act 81 of 1987 applies,
where the deceased is survived by a descendant or descendants, but not by a
spouse or spouses, the descendant or descendants inherit the entire intestate
estate equally and representation is possible.
c) The number of descendants who have either survived Tom, or have
predeceased him but are survived by their descendants,
d) Are, namely Ayanda, Bongani, Charlotte (adopted) and Dumi = total number (4).
e) Therefore Toms estate will be divided equally amongst the 4 descendants of the
deceased) Ayanda ( A), Bongani (B), Charlotte (C) (adopted) and Dumi (D)
f) Therefore, 800 00/ 4 = 200 000 each for Ayanda, Bongani, Charlotte (adopted)
and Dumi.
g) However, In terms of section 1(7) of the Intestate Succession Act, if a person is
disqualified from being an intestate heir of the deceased or repudiates
(renounces) an inheritance, the benefit which that heir would have received
devolves as if the heir had died immediately before the deceased died, and as if
the heir had not been disqualified from inheriting or had not repudiated the
inheritance.
h) In our scenario Ayanda deliberately pushed Charlotte down the stairs, upon
which Charlotte suffered a severe head injury and died. According to common
law principle de bloedige hand neemt geen erf, A beneficiary who is responsible
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