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PVL2602-26-EX10
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A testamentary writing is defined as a document that …
Which one of the following statements correctly reflects the decision of the court in Bekker v Naude 2003 (5) SA 173 (SCA)?
Wanda and Xavier were married out of community of property with the accrual system. Wanda died intestate and left her husband, Xavier, as well as the following surviving relatives:
- Ben, her illegitimate son;
- Francis, her daughter from her first marriage to Yoda;
- Gerald, her grandson. (Gerald is the son of her daughter, Francis);
- Dina, her granddaughter. (Dina is the daughter of her predeceased daughter Celeste);
- Evert, her son, born from her marriage to Xavier. Wanda’s estate is worth R500 000 and she is entitled to R100 000 accrual from Xavier’s estate.
Tom, who died intestate in October 2020, was married out community of property to Wendy. The accrual system was applicable to the marriage and Tom’s estate is entitled to R200 000 accrual from Wendy. They had four children, Ayanda, Bongani, Carla (adopted) and Dumi. Ayanda, who died in 2015, had 3 daughters, Eve, Fiona and Tara. Carla, who died 2010, was survived by her son, Siya. Tom’s estate was worth R 1600 000.
How will Tom’s estate devolve?
Tom and Vicky were married in 2000. Tom made a will in 2013 in which he bequeathed 50% of his estate to his wife Vicky and 50% to his children Xeno, Yvette and Zandi in equal shares. Tom and Vicky were divorced five years later in March 2018 and Tom married Bongi three months later. Tom and Bongi were married in community of property, because Tom was factually insolvent. At this stage, Tom’s estate was worth R50 000 and Bongi’s estate was worth R2 000 000. Tom died ten months after his marriage to Bongi when a run-away truck hit his vehicle on the N1 highway. Bongi and Tom’s joint estate was now worth R2 200 000. Tom never changed his will made in 2000.
How will Tom’s estate devolve?
Wanda and Xavier were married out of community of property with the accrual system. Wanda’s estate is worth R500 000 and she is entitled to R100 000 accrual from Xavier’s estate. Wanda died intestate and is survived by the following relatives:
• Her son, Ben. Ben was born out of wedlock from a relationship she had before she got married.
• Her daughter, Francis, born from her first marriage to Yoda. Francis refused to inherit from her mother.
• Francis’ son Gerald.
• Her granddaughter, Dina, the daughter of her predeceased daughter Celeste, who was born from her marriage to Xavier.
• Her son, Evert, born from her marriage to Xavier.
• Her mother, Mary.
How much will Xavier inherit?