ERF MCQ 1: CHAPTER 2

RULE 1: S 1(1)(a)
– Deceased is survived by a spouse/s or permanent life partner but no descendants.
a) Survived by one spouse = spouse gets entire intestate estate, to
exclusion of parents and siblings.
b) Survived by more than one spouse = estate divided equally among all
spouses.
c) Survived by permanent life partner = life partner inherits everything
ONLY if deceased has no descendants.
NB!!! Apply the matrimonial property system to the estate:
- Married in community of property: Spouse receives half and inherits
the intestate share.
- E.g. Married out of community of property with the accrual: Spouse
receives accrual and inherits the intestate share.
EXAMPLES:
1) Survived by one spouse and no descendant/s
The Deceased, E, died intestate. His son and father predeceased him but he
is survived by his wife, W, with whom he was married in community of
property, his mother (M) and his brother (F).
Answer: The wife W, will, therefore, first receive her half share to the joint
estate. Then according to Rule 1 [section 1 (1)(a)], inherit the deceased’s
entire estate to the exclusion of E’s mother and brother.

2) Survived by more than one spouse and no descendant/s

Emily, Anna and Sophie are the wives of the Deceased. The Deceased has no
descendants born of his marriages or outside of his marriages with the
surviving spouses but he is also survived by his mother and grandmother.
Answer: The Deceased’s intestate estate will be equally divided among the
three wives and thus, each wife will inherit a third of the Deceased’s intestate
estate.

3) E.g. 2: Survived by more than one spouse and no descendant/s

E is survived by his boyfriend, Arthur with whom he had been staying for 7
years, his mother Irene and sister Joyce. E’s family does not like Arthur
because they think he is rude, unemployed and uses E’s money carelessly.
Irene and Joyce believe that Irene will be the sole heir of E’s estate since E
was not married and has no children. Advice on whether Irene and Joyce are
correct and provide a reason for your answer.
 Answer: According to Laubscher v Duplan and Gory case, Arthur is a
surviving permanent life partner of E with reciprocal duty of support and is E’s
primary heir ito sec 1 of the ISA. Arthur will inherit E’s entire intestate estate to
the exclusion of E’s mother, sister and the entire family.

RULE 2: S 1(1)(b)
– Deceased survived by descendant/s but no spouse/s or permanent life partner