1.1 A falls in the paternal parentela of E's intestate estate, as he is E's half-brother on her predeceased father's side. Y falls in the maternal parentela of E's intestate estate, as she is E's aunt on her mother's side.
1.2 According to the present rules of intestate succession, the intestate estate of E would be divided as follows:
- 50% of the estate would go to E's mother, M, as the surviving parent.
- The remaining 50% of the estate would be divided equally between A and C. A would receive 25% as E's half-brother on her predeceased father's side, and C would also receive 25% as the daughter of E's predeceased half-sister on her predeceased father's side.
1.3 If E's mother, M, also predeceased E, then the intestate estate would be divided differently. Without a surviving parent, the estate would be divided between A and C only. A would receive 50% as E's half-brother on her predeceased father's side, and C would receive the other 50% as the daughter of E's predeceased half-sister on her predeceased father's side. Y would no longer be entitled to inherit anything from E's estate.
1.4 If E's mother, M, half-brother, A, and niece, C, have all predeceased E, then the intestate estate would be distributed in the following manner:
- 100% of the estate would go to E's grandmother, X, on her mother's side. As the only surviving relative in E's maternal parentela, X would inherit the entire estate.
- Y would still not be entitled to inherit anything from E's estate, as she is not a direct descendant or ancestor of E.
E died intestate and was survived by:
(a)Her mother, M. Her father is predeceased.
(b)Her half-brother, A, on her predeceased father’s side.
(c)Her niece C. C is the daughter of her predeceased half-sister, B, on her predeceased father’s side.
(d) Her grandmother, X, on her mother’s side.
(e)Her aunt, Y, on her mother’s side.
E’s intestate estate amounted to R1 million. Answer the following questions relating to the abovementioned facts:
1.1 Indicate in which parentela A and Y fall respectively with regard to E’s intestate estate.
1.2 How would you divide the intestate estate of E according to the present rules of intestate succession? Motivate your answer. You do NOT have to make mention of the persons who will not inherit.
1.3 How will your answer differ if mother, M also predeceased E? Motivate your answer.
1.4 How will your answer differ if mother, M, half-brother, A and niece, C have also predeceased E? Motivate your answer.
1 answer