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Unit 2- Intestate Succession

Unit 2- Intestate Succession

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Published by André Le Roux
Intestate succession in Namibia. Study guide
Intestate succession in Namibia. Study guide

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Categories:Types, Research, Law
Published by: André Le Roux on May 07, 2009
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09/19/2012

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Law for Land Managers 1B Basic Legal Principles of IntestateSuccession
Unit 2Basic Legal Principles of IntestateSuccession
Objectives
After studying this unit you should be able to:
Define Intestate Succession
State the Differences between Testate and Intestate Succession.
Name the laws that regulate Intestate Succession.
Discuss the three blood relations groups.
Define and discuss the concept Parental
Define the concept Stirps.
Discuss Succession Per Capita and Succession By representation.
Discuss the Degrees of Consanguinity.
Discuss the Statutory Law Rules of Intestate Succession
Discuss the Common Law of Rules of Intestate Succession
Discuss the position of Adopted Children in Intestate Succession
Discuss the Native Administration Proclamation No.15 of 1928 inconjunction with the Estates and Succession Amendments Act No.15 of 2005.
Discuss Partial Intestacy
Explain what happens where there are no intestate heirs
Sections:
1. Introduction2. Blood Relations Groups3. Succession Per Capita and succession by Representation.4. Degrees of Consanguinity.5. The Rules of Intestate Succession.6. Adopted Children.7. The Native Administration Proclamation 15 of 1928 (Section 18) as amendedby the Estates and Succession Amendment Act No.15 of 2005.8. Parental Intestacy.9. Lack of Intestate Heirs.
Unit 2 Page 1 of 14
 
Law for Land Managers 1B Basic Legal Principles of IntestateSuccession
Section 1Introduction
People that die whilst having executed a will are said to have died testate. On theother hand, people that die without having a will are said to die intestate.The law of intestate succession helps to identify the heirs of the deceased wherehe has failed to leave a will and it also regulates the devolution of his estate. It isimperative to note that a person can die partly testate and partly intestate. Thelegislation that deals with Intestate succession are:1.Intestate Succession Ordinance No. 12 of 1946.2.Native Administration Proclamation No. 15 of 19283.Estates and Succession Amendment Act No. 15 of 20054.Administration of Estates Act No. 66 of 19665.Recognition of Certain Marriages Act No. 18 of 1991.6.Children’s Act No. 33 of 1960 (Section 74)
Section 2Blood Relations Groups
There are three groups into which a person’s blood relations can be divided, theyare:
1.ASCENDANTS
They are all ancestors of the deceased, i.e. mother, father, grandmother andgrandfather. These are all people from which he descents.E. g. John is Sara’s dad and Sara is Mark’s mom. Then John is an ascendant of Sara and Sara is an ascendant of Mark and both John and Sara are ascendantsof Mark. Thus can be illustrated by the following diagram:JohnSaraMark
Unit 2 Page 2 of 14
 
Law for Land Managers 1B Basic Legal Principles of IntestateSuccession
2.DESCENDANTS
They are all people that descend directly from the deceased, i.e. his children,grandchildren and great-grandchildren.E.g. John is Dave’s father and Dave is Luke’s father. Then Dave is a descendantof John and Luke is a descendant of Dave, however John is an ascendant of both Dave and Luke and can thus not be their descendant.This can be illustrated by the following diagram:JohnDaveLukeAdopted children are considered descendants of their adoptive parents but notdescendants of their natural parents.Extramarital children are considered descendants of their parents however anextramarital child can only inherit from his/her mother and not from his/her father,in terms of the laws of Intestate succession. This also applies to incestuouschildren as well as adulterous children. The father of an extramarital, incestuousor adulterous child may also not inherit from this child.Intestate succession clearly draws a distinction between extramarital, biologicaland adopted children even though they are all considered descendants.
3.COLLATERALS
These are people related to the deceased through at least one commonascendant, e.g. a brother, sister or cousin. Collaterals can be full blood or half blood. A full blood collateral is related to the deceased through two commonancestors or parents and a half blood collateral through one common ancestor or parent.This can be illustrated by the following diagram:
Unit 2 Page 3 of 14

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