Study unit 2

Question 1

ORDERS OF INTESTATE SUCCESSION

Answer 1

RULE 1: by spouse(s) and no descendants, section 1(1)(a)
RULE 2: by descendants and no spouse(s), section 1(1)(b)
RULE 3: by spouse(s) and descendants, section 1(1)(c)
RULE 4: by both parents, section 1(1)(d)(i)
RULE 5: by one parent and the descendants of the predeceased parent, section 1(1)(d)(ii)
RULE 6: by the descendants of parents, section 1(1)(e)(i)(aa)-(cc)
RULE 7: by descendants of one parent, section 1(1)(e)(ii)
RULE 8: by further relatives, section 1(1)(f)

Question 2

A person dies intestate, if the person dies:

Answer 2

1. without leaving a will at all
2. having executed a valid will which has subsequently become wholly or partly inoperative for some or other reasons
3. with a valid will that fails to dispose of all the deceased’s assets
4. leaving a document purporting to be will but does not comply with the formalities of a will.