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The surviving spouses will inherit the entire estate even if the deceased is survived by parents/siblings
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If there is more than one spouse - they will share the estate equally.
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Descendants inherit the entire net estate.
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Note: In the 1st Parentela division of an intestate estate between mupltiple descendants occurs per stirpes. (ISA s1(4)(a))
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A has 3 kids (B; C; D dead w 2 kids). B and C will get a third each. D's kids has 1/6 each
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Died after 24 Nov 2014
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Spouse/s inherits childs portion OR amt determined from time to time by Minister of Justice & Correctional Services through the Gov Gazett - whichever amount is greater.
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The amount stipulated for after 24/11/14 = R250K. Before = R125K
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Child's portion: Net monatary value of estate/(no. of stirpes + no. of spouses)
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Residue is spread among descendants
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Note ISA s 1(4)(a) in terms of first parentela
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Example: A - 2 spouses (X and Y); 3 children (B; C dead w 1 kid G; D Dead w 2 kids E & F). 5 Stripes.
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950K/5 = 190K. 250K > 190K. Therefore X and Y get 250K each = 500K. Residue = 450K divided between As descendants per stripes with representation. 450K/3 = R150K. G gets R150K; E & F get R75K each.
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ISA s1(7)
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Any benefit which they would have received if they hadn't been disqualified/hadn't renounced shall devolve as if they died immediately before the death of deceased and, if applicable, as if they was weren't disqualified
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Appplies only if s 1(6) is not applicable on the facts at hand
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The disqualified or renouncing heir is regarded as having predeceased the deceased
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Example E's estate = R600K. $ kids (A, B C (dead) and D (murdered E - disqualified - 2 kids G &F).
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S 1(7) directs that D must be treated as if D had predeceased E.
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Three Stripes: (A, B, D). A & B get 600K x 1/3 each. G & F get 600 x 1.6 each. If D had no descendants, A&B would share).
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ISA s1(6)
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If a descendant of deceased, excl. a minor/mentally ill descendant, who, together with the surviving spouse of the deceased, is entitled to a benefit from an intestate estate renounces his/her right to receive such a benefit, such benefit shall vest in the surviving spouse.
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Applies only when:
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1. a major and mentally healthy descendant of the deceased
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2. renounced his/her right to inherit intestate from the deceased and
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3. that descendant and the deceased’s surviving spouse are both be entitled to benefit from the deceased’s intestate estate
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4. that descendant and the deceased’s surviving spouse are both be entitled to benefit from the deceased’s intestate estate
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Example: E's estate = R1.2mil. Has wife V. Same child situation as before. 3 stripes + wife
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V, A, B and D each inherits a child’s portion of R300 000. D renounced.
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S 1(6): the renounced share vests in V as the surviving spouse and will not go to G and H by representation
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Parents inherit net estate in equal shares.
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Authority: 2nd parentela division of an intestate estate between multiple descendants occurs per stirpes with representation ( ISA s 1(4)(a) )
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Surviving parent inherits half the estate and descendants of deceased parent inherit the other half.
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If deceased parent is not survived by a descendant, the surviving parents inherits the entire net estate.
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Example: E's parent = M(dead) & P. M survived by A from 1st marriage; B & C from marriage with P. R750K go to P. M has 3 stripes = R750 x 0.33.
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Net estate if split into 2 equal parts (one for descendants of each parents).
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Authority ISA s 1(4)(a) in terms of 2nd parentela
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Example: E's parents = P & M (2nd marriage). P has 4 children: C (dead with children D&F), B, H (prev marriage), E is dead.
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M has children 4: C ( dead with children D&F), B, G (prev marriage), E is dead. estate worth R1.2M
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R600K divided amg P & M's descendants respectively.
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P has 3 stripes: H (from prev marriage); B surviving child; C deceased with descendants
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H & B get R200K (1/3 x 600K). D & F (1/3 x R600K)/2
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M has 3 stripes: G(prev marriage); B; C.
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G & B get R200K (1/3 x 600K). D & F (1/3 x R600K)/2
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G = R200K; D = R200K; F = R200K; B = R400K; H = R200K
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The descendants of the deceased parent inherit the entire intestate estate.
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Note ISA s 1(4)(a) in terms of 2nd parentela
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Net estate divided equally among those most closely related by degree to the deceased.
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In the 3rd/further parentelae an intestate estate isnt divided per stirpes but per capita according to the Roman-Dutch principle ‘die naaste bloed erf die goed’ (the nearest blood relative(s) inherit(s) the estate)
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Example: E's Cousin I and deceased cousin's (K) child L. I inherits E's entire estate because I is related to E by one degree less than L. If K was alive, I and K would split inheritance.
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ISA S 1(2): [H]aving been born out of wedlock shall not affect the capacity of one blood relation to inherit the intestate estate of another blood relation
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This is thus treated the same as other intestate inheritance cases, with the exception adoption.
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Their position is determined through a reading - together of s 1(4)(e) and 1(5) of the Intestate Succession Act with s 242(3) of the Children’s Act 38 of 2005
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These provisions instructs that an adopted child is regarded as the child of the adoptive parent and not their biological parent..
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Therefore, an adopted child can inherit intestate from his/her adoptive parent and vice versa. This relationship does not exist between the bio parents
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Exeption in ISA s 1(4)(e)(ii) : An adopted child remains a descendant of his/her natural parent for purposes of intestate inheritance if: (i) the natural parent is also the adoptive parent or (ii) the natural parent was married to the adoptive parent at the time of the adoption.
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Example: M is divorced with a child (E) and marries X. X then adopts E while married. If E dies, both parents inherit due to exception.
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