To regulate anew the law relating to intestate succession; and to provide for matters connected therewith.
"(iii) where the intestate estate is not sufficient to provide each surviving spouse and woman referred to in paragraphs (a) , (b) and (c) of section 2 (2) of the Reform of Customary Law of Succession and Regulation of Related Matters Act, 2008, with the amount fixed by the Minister, the estate shall be divided equally between such spouses;".'.
is not survived by a spouse, descendant, parent, or a descendant of a parent, the other blood relation or blood relations of the deceased who are related to him nearest in degree shall inherit the intestate estate in equal shares.
Notwithstanding the provisions of any law or the common law, but subject to the provisions of this Act and section 5 (2) of the Children's Status Act, 1987, illegitimacy shall not affect the capacity of one blood relation to inherit the intestate estate of another blood relation.
[NB: Sub-s. (2) has been substituted by s. 8 of the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009, a provision which will be put into operation by proclamation. See PENDLEX.
A notice mentioned in subsection (1) (c) (i) shall not apply in respect of the intestate estate of a person who died before the date of that notice.
[NB: Para. (b) has been substituted by s. 8 of the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009, a provision which will be put into operation by proclamation. See PENDLEX.
[Para. (c) deleted by s. 14 (a) of Act 43 of 1992.
[NB: A para. (e A) has been inserted by s. 8 of the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009, a provision which will be put into operation by proclamation. See PENDLEX.
" (f) a child's portion, in relation to the intestate estate of the deceased, shall be calculated by dividing the monetary value of the estate by a number equal to the number of children of the deceased who have either survived the deceased or have died before the deceased but are survived by their descendants, plus the number of spouses and women referred to in paragraphs (a) , (b) and (c) of section 2 (2) of the Reform of Customary Law of Succession and Regulation of Related Matters Act, 2008.".'.
a child's portion, in relation to the intestate estate of the deceased, shall be calculated by dividing the monetary value of the estate by a number equal to the number of children of the deceased who have either survived him or have died before him but are survived by their descendants, plus one.
If an adopted child in terms of subsection (4) (e) is deemed to be a descendant of his adoptive parent, or is deemed not to be a descendant of his natural parent, the adoptive parent concerned shall be deemed to be an ancestor of the child, or shall be deemed not to be an ancestor of the child, as the case may be.
[NB: A sub-s. (5A) has been inserted by s. 8 of the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009, a provision which will be put into operation by proclamation. See PENDLEX.
If a descendant of a deceased, excluding a minor or mentally ill descendant, who, together with the surviving spouse of the deceased, is entitled to a benefit from an intestate estate renounces his right to receive such a benefit, such benefit shall vest in the surviving spouse.
[Sub-s. (6) added by s. 14 (b) of Act 43 of 1992.
If a person is disqualified from being an heir of the intestate estate of the deceased, or renounces his right to be such an heir, any benefit which he would have received if he had not been so disqualified or had not so renounced his right shall, subject to the provisions of subsection (6), devolve as if he had died immediately before the death of the deceased and, if applicable, as if he was not so disqualified. [Sub-s. (7) added by s. 14 (b) of Act 43 of 1992.
This Act shall be called the Intestate Succession Act, 1987, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.
Notwithstanding the provisions of any law or the common or customary law, but subject to the provisions of this Act and sections 40 (3) and 297 (1) (f) of the Children's Act, 2005 (Act 38 of 2005), having been born out of wedlock shall not affect the capacity of one blood relation to inherit the intestate estate of another blood relation.
If a person referred to in paragraph (a) of the definition of 'descendant' contained in section 1 of the Reform of Customary Law of Succession and Regulation of Related Matters Act, 2009, is deemed to be a descendant of the deceased person referred to in that paragraph, or is deemed not to be a descendant of his or her natural parent, the deceased person shall be deemed to be an ancestor of the person referred to in that paragraph, or shall be deemed not to be an ancestor of that person, as the case may be.