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 under the parentela of the predeceased father's side, while Y falls under the parentela of the mother's side.
1.2 According to the present rules of intestate succession, the intestate estate of E would be divided as follows:
- The mother, M, would inherit 50% of the estate.
- The half-brother, A, would inherit the remaining 50% of the estate.
This division is based on the fact that under the Intestate Succession Act, the parents inherit equally if there are no descendants, and if there is only one parent, that parent inherits the entire estate.
1.3 If mother M also predeceased E, the half-brother A would inherit the entire intestate estate. This is because, in the absence of parents and descendants, siblings inherit the entire estate. Since there are no other eligible siblings mentioned, A would inherit everything.
1.4 If mother M, half-brother A, and niece C have also predeceased E, the aunt Y on the mother's side would inherit the entire intestate estate. This is because, in the absence of parents, descendants, and siblings, aunts and uncles on the intestate's parent's side inherit the estate. Since Y is the only eligible aunt mentioned, she would inherit everything.
1.1 A and Y fall into different parentelas with regard to E's intestate estate.
A falls into the parentela of the predeceased father's side, as he is E's half-brother on her predeceased father's side.
Y falls into the parentela of the mother's side, as she is E's aunt on her mother's side.
1.2 According to the present rules of intestate succession, the estate of E would be divided as follows:
- E's mother, M, would be entitled to a share of the estate, as she is the surviving parent of E.
- E's grandmother, X, would also be entitled to a share of the estate, as she is the surviving grandmother on the mother's side.
- As there is no surviving spouse or children, the remaining portion of the estate would be divided equally between M and X, as the closest surviving relatives in the respective parentelas.
Motivation: The present rules of intestate succession prioritize the surviving parent, followed by the surviving grandparents, if there is no surviving spouse or children. Therefore, M and X would inherit the intestate estate of E.
1.3 If E's mother, M, also predeceased E, the division of the intestate estate would be different.
In this case, A would become the closest surviving relative on the predeceased father's side, and would be entitled to a share of the estate.
The estate would be divided as follows:
- A, as the surviving half-brother on the predeceased father's side, would inherit a share of the estate.
- C, as the niece of E, would inherit a share of the estate on behalf of her predeceased mother, B.
- X, E's grandmother on her mother's side, would still be entitled to a share of the estate.
- Y, E's aunt on her mother's side, would not be entitled to inherit in this scenario.
Motivation: In the absence of a surviving parent, the closest relative on the predeceased father's side (A) and the closest relative on the predeceased half-sister's side (C) would inherit. The grandmother on the mother's side (X) would still be entitled to a share.
1.4 If E's mother, M, half-brother, A, and niece, C, have all predeceased E, the division of the intestate estate would further change.
In this scenario, the intestate estate of E would be divided as follows:
- X, E's grandmother on her mother's side, would now be the closest surviving relative and would inherit the entire estate.
- Y, E's aunt on her mother's side, would not be entitled to inherit in this scenario.
Motivation: When there are no surviving relatives in the parentelas specified, the inheritance would go to the closest surviving relative available, which is E's grandmother on her mother's side (X) in this case. The aunt (Y) would not inherit as there are closer surviving relatives.