Hassam v Jacobs

In respect of the application of sections 1(1)(c)(i) and 1(4)(f) of the Intestate

Succession Act 81 of 1987 to the estate of a deceased person who
is survived by more than one spouse,
The Court held:

(a) A child’s share 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 the children of the deceased who have either
survived or predeceased such deceased person but are survived by
their descendants, plus the number of spouses who have survived
such deceased;

(b) Each surviving spouse shall inherit a child’s

share of the intestate estate or so much of the intestate estate as does
not exceed in value the amount fixed from time to time by the Minister
for Justice and Constitutional Development by notice in the Gazette,
whichever is the greater; and

(c) Where the assets in the estate are not sufficient to provide each spouse
with the amount fixed by the Minister, the estate shall be equally
divided amongst the surviving spouses.

NB!!!!
 The order of Succession under the Intestate Succession Act
read with the RCLSA
RULE 1

If there is a surviving spouse and there are no descendants then the entire estate goes to the
Spouse

Surviving Spouse/s Surviving Spouse /

S 1(1)(a)
No Descendants Spouses

If there are surviving spouses then the entire estate is divided among the Surviving spouses Equally

RULE 2
If there is No surviving spouse but there are descendants,

Descendants
S1(1)(b) Descendants Predeceased
No Surviving Spouse Descendants Heirs

The entire estate is divided equally among the descendants, and pre-deceased descendants who are
survived by descendants.If any descendant is predeceased or disqualified or renounces the benefit
then their share will go to their descendants equally (representation)

RULE 3
If there is surviving spouse as well as descendants

OUT OF COMMUNITY OF PROPERTY

Surviving Spouse/s (child’s
share or amount set by the
Surviving Spouse /s minister of justice)
S1(1)(c)
And Descendants Descendant gets the residue
if any

IN COMMUNITY OF PROPERTY

Surviving Spouses Half Share of the

The Estate is divided in two
Joint Estate
Halves.
S1(1)(c) Only the deceased half share
is divided between the
Deceased Half Share of the Joint Estate
Spouse/s and Descendants

The Surviving spouse inherits a Childs Share or the amount set by the Minister of Justice-Whichever
is greater. The descendants inherit the residue.
OUT OF COMMUNITY OF PROPERTY WITH ACCRUAL

Surviving Spouse/s gets a child’s

The Accrual Claim is share or amount set by the minister
S1(1)(c) Added/Deducted from the of justice-Whichever is greater
Estate before being divided Descendant gets the residue if any

POLYGAMOUS MARRIAGES

Spouses each get a child’s share or an amount set

Multiple spouses by the Minister of Justice. Each Spouse will
S1(1)(c) And descendants inherit equally to the other spouses. The
descendants will get the residue if any.

Should the Estate not be sufficient, the Surviving Spouses will inherit equally and the descendants
will not be entitled to inherit.

RULE 4

Both Parents Inherit equally 1 half of

No Surviving Spouse or
S 1 (1)(d)(i) the estate
Descendants but
Collaterals are excluded from
BOTH Parents
Inheriting

RULE 5

Surviving parent inherits Half Estate

S1(1)(d)(ii) Survived By One Parent Descendants of deceased parent inherit
No Spouse or descendant other Half (Collaterals through
Representation)

Should there be no descendants then the surviving parent inherits the entire estate.

RULE 6

Estate is divided into two equal

Survived by only Collaterals parts, Maternal and Paternal.
S1(1)(e)(i)(aa)-(cc) (Descendants of Parents) Each Descendant will inherit
from their respective parent.

Full siblings will inherit a share from each parent.

 RULE 7

Survived by Descendants of They will be the Sole heirs and

S1(1)(e)(ii)
ONE Parent Only inherit the Entire Estate Equally

RULE 8

Nearest Blood Relation Inherits entire

S1(1)(f) Survived by further relations
Estate

GOLDEN RULE
1. Always work out a Child’s Portion
2. Spouse always inherits first- the Greater Amount, If there is any left over the descendants
inherit.
3. Descendants are second in line if there is no spouse.
4. If no descendants then the ascendants inherit.
5. If no ascendants the collaterals inherit.
6. If no collaterals then the closest living relative will inherit.

4
Ascendants

5 Deceased 1
Collateral Surviving Spouse or
Descendants of Ascendants Spouses

2
Descendants
6
Nearest
Further 2&3
Relative Descendants
Representation through Stirpes