1.1 A falls under the parentela of the predeceased father's side, while Y falls under the parentela of the mother's side.
1.2 According to the present rules of intestate succession, the intestate estate of E would be divided as follows:
- The mother, M, would inherit 50% of the estate.
- The half-brother, A, would inherit the remaining 50% of the estate.
This division is based on the fact that under the Intestate Succession Act, the parents inherit equally if there are no descendants, and if there is only one parent, that parent inherits the entire estate.
1.3 If mother M also predeceased E, the half-brother A would inherit the entire intestate estate. This is because, in the absence of parents and descendants, siblings inherit the entire estate. Since there are no other eligible siblings mentioned, A would inherit everything.
1.4 If mother M, half-brother A, and niece C have also predeceased E, the aunt Y on the mother's side would inherit the entire intestate estate. This is because, in the absence of parents, descendants, and siblings, aunts and uncles on the intestate's parent's side inherit the estate. Since Y is the only eligible aunt mentioned, she would inherit everything.
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. (2)
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. (5)
1.3 How will your answer differ if mother, M also predeceased E? Motivate your answer. (4)
1.4 How will your answer differ if mother, M, half-brother, A and niece, C have also predeceased E? Motivate your answer. (4)
1 answer