E dies intestate. He (E) lived under a system of customary law and is survived by two spouses V1 and V2, and two sons, A and B. A was born of the marriage to V1 and B of the marriage to V2. Both marriages were out of community of property and were not subject to the accrual system. E's estate amounted to R800 000. How will E's estate devolve?
A.
V1 inherits R200 000, V2 inherits R200 000, son A inherits R200 000 and son B inherits R200 000
B.
V1 inherits R400 000 and V2 inherits R400 000 while son A and son B inherits nothing
C.
V1 inherits R250 000, V2 inherits R250 000, son A inherits R150 000 and son B inherits R150 000
D.
Son A inherits R400 000 and son B inherits R400 000 while V1 and V2 inherit nothing
A. V1 inherits R200 000, V2 inherits R200 000, son A inherits R200 000 and son B inherits R200 000
The correct answer is D. Son A inherits R400 000 and son B inherits R400 000 while V1 and V2 inherit nothing.
Under customary law, the estate of a person who dies intestate is divided between the surviving spouse(s) and children. In this case, since both marriages were out of community of property and not subject to the accrual system, the estate will be divided equally between the two sons, A and B. Each son will inherit R400 000, while V1 and V2 will not inherit anything.