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)
1.1 A falls into the parentela of E's predeceased father's side, while Y falls into the parentela of E's mother's side.
1.2 According to the present rules of intestate succession, the estate would be divided as follows:
- E's mother, M, would be entitled to half of the estate since E had no surviving spouse or descendants.
- The other half would be divided equally between A (E's half-brother on her predeceased father's side), C (E's niece, the daughter of her predeceased half-sister on her predeceased father's side), X (E's grandmother on her mother's side), and Y (E's aunt on her mother's side).
The reasoning behind this division is that in the absence of a surviving spouse or descendants, the estate would first pass to the parents, if they are alive. Since E's father is predeceased, E's mother, M, would be entitled to half of the estate. The other half would be divided equally among the remaining qualifying relatives, which in this case are A, C, X, and Y.
1.3 If E's mother, M, also predeceased E, the estate would then pass to E's half-brother A, on her predeceased father's side, and E's niece C, the daughter of her predeceased half-sister on her predeceased father's side. The estate would be divided equally between A and C, as there are no other surviving relatives in the parentela.
1.4 If E's mother, M, half-brother A, and niece C have also predeceased E, then E's estate would pass to her grandmother, X, on her mother's side, and her aunt, Y, on her mother's side. The estate would be divided equally between X and Y, as there are no other surviving relatives in the parentela.
1.1 A falls under the parental side of E's predeceased father, while Y falls under the parental side of E's living mother.
1.2 According to the present rules of intestate succession, the estate would be divided as follows:
- Mother M would inherit as the closest living relative of E.
- If M is deceased, then the estate would be divided between A and Y, as they are the closest living relatives on the respective parental sides.
Motivation: The rules of intestate succession prioritize the closest living relatives. In this case, the living parent of E (M) would be the primary inheritor. If M is deceased, then the estate would be divided equally between A and Y, as they are the closest living relatives on either side of E's parents.
1.3 If mother M predeceased E, then the estate would be divided between A and Y, as they are the closest living relatives on their respective sides.
Motivation: With the absence of M, the estate would be distributed both to A as the closest living relative on E's predeceased father's side, and to Y as the closest living relative on E's mother's side.
1.4 If mother M, half-brother A, and niece C have all predeceased E, the estate would be divided between Y and grandmother X.
Motivation: Since M, A, and C have all predeceased E, the estate would pass to the next closest living relatives, which would be Y and X. They are the only surviving blood relatives of E according to the given information.