E dies intestateHe (E) lived under a system of customary law and is survived by two spouses V1 and V2, and two sons, A and BA was born of the marriage to V1 and B of the marriage to V2Both marriages were out of community of property and were not subject to the accrual system. E's estate amounted to R800 000How will E's estate devolve?
1. V1 inherits R200 000, V2 inherits R200 000, son A inherits R200 000 and son B inherits R200 000
2. V1 inherits R400 000 and V2 inherits R400 000 while son A and son B inherits nothing
3. V1 inherits R250 000, V2 inherits R250 000, son A inherits R150 000 and son B inherits R150 000 O
4. Son A inherits R400 000 and son B inherits R400 000 while V1 and V2 inherit nothing
According to customary law, in cases of intestate succession, the estate of the deceased is typically divided among the surviving spouses and children.
In this case, since both marriages were out of community of property and not subject to the accrual system, each spouse would not have any automatic rights to the estate. Instead, the estate would devolve to the children, in this case, sons A and B.
Therefore, option 4 is correct. Son A inherits R400 000 and son B inherits R400 000, while V1 and V2 inherit nothing.
Under the system of customary law, the estate of E will devolve as follows:
Option 3 is the correct answer.
- V1 inherits R250,000
- V2 inherits R250,000
- Son A inherits R150,000
- Son B inherits R150,000
This means that each spouse will receive R250,000, while each son will receive R150,000.