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.
1.1 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.
1.1 A falls under the parentela of E’s predeceased father's side, while Y falls under the parentela of E’s 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 will be divided equally between the mother, M, and the father's side relative, A.
- The remaining 50% will be distributed equally among the mother's side relatives, including the grandmother, X, and the aunt, Y.
The rationale behind this division is based on the principle of equal division among the closest surviving relatives from both sides of the family. The mother and the father's side relative, A, would inherit because they are the closest surviving relatives from both sides of the family. The mother's side relatives, including the grandmother, X, and the aunt, Y, would inherit because they are the closest surviving relatives on the mother's side.
1.3 If the mother, M, also predeceased E, then the intestate estate would be divided as follows:
- 50% of the estate will be divided equally among the father's side relatives, including the half-brother, A, and the niece, C.
- The remaining 50% will be distributed equally among the mother's side relatives, including the grandmother, X, and the aunt, Y.
In this case, since the mother has predeceased E, her share of the estate would be distributed to her side of the family. Therefore, the half-brother, A, and the niece, C, would inherit on the father's side, and the grandmother, X, and the aunt, Y, would inherit on the mother's side.
1.4 If the mother, M, half-brother, A, and niece, C, have also predeceased E, then the intestate estate would be divided as follows:
- The entire estate will be distributed among the mother's side relatives, including the grandmother, X, and the aunt, Y.
In this scenario, since the mother, half-brother, and niece have all predeceased E, their shares of the estate would be distributed to the remaining surviving relatives on the mother's side, namely the grandmother, X, and the aunt, Y.