Cheatography
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Explination of how Intestate Succession works in SA
This is a draft cheat sheet. It is a work in progress and is not finished yet.
When the Law of Intestate Succession Applies:
1. When deceased left no will |
2. When will left is invalid/not condonable in terms of s2(3) of Wills Act. |
3. When will left becomes inoperative |
4. When will regulates some assets, but not all. |
Parentela
Particula parental group and it's descendants |
Parentala 1: |
Spouse and Decscendants |
Parentala 2: |
Parents and their descendants (excluding 1st Parentala) |
Parentala 3: |
Grandparents and their descendansts |
Blood Relationship
A deceased person’s blood relatives are his/her principal intestate heirs |
Descendants |
Blood relatives who decend directly from you (i.e. children and grandchildren). |
Ascendants |
Bblood relatives from whom you descend directly (Parents and Grandparents) |
Collaterals |
Blood relatives other than ascendants and descendants with whom you share at least one common ascendant |
- Full blood collaterals |
Two common ascendants (Siblings/uncles) |
- Half - blood collaterals |
One Common ascendant (half siblings) |
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Stirps
Surviving child of the deceased who can be intestate heir AND deceased children with surviving descendants/kids. |
- The number of children the preceased child had does not affect how many stipes the deceased has. For Example: A has 4 kids: B dead with 2 kids; C dead with 1 child; D dead; E alive |
A has 3 stripes: B; C and E. Dead dead w no children, so he is not a stripe |
Representation
Occurs when the place of a would be heir who cannot/doesn't want to inherit is taken by their descendants who qualifies to inherit. |
In above example, B cannot inherent because they predeceased A. B's 2 children will split the inheritance B would have gotten equally. |
Degrees of Relationship
Distance between various blood relatives. |
To determine calculate the number of generations between ascendants and decendants, |
Example: One degree between from parent to child. Two Degrees between A and B's kids, two degrees between grand parents and grandkids, three in great grandparent relationship) |
To determine degrees of relationship between collateral, calculate no. of generations (represented by the vertical lines in family diagram) from the deceased to the first common ascendant/s and then the number of generations from the common ascendant(s) to the collateral in question. |
Example: 2 degrees of relationship between siblings (one from descendant to common parent, then one from said parent to sibling). 3 degrees between uncle. |
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No Intestate heirs
The executor of the deceased’s estate will hand over to the Master of the High Court the monies from the intestate estate |
Administration of estates Act: The Master shall then place the monies in the Guardian’s Fund on behalf of any person who may come forward to claim it |
If still not claimed after 30 years, it is forfeited to the State as bona vacantia |
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