Law of Succession

In this question you are given a number of definitions of principles or concepts from the law of
succession. Write down the name of each particular concept.

(a) Refusing to inherit. (2 marks)

(b) This concept applies when a testator leaves a specific benefit, for example, a house or a farm, to
a beneficiary. (2 marks)
(c) A person appointed by the testator to gather the deceased’s assets, pay his/her liabilities and
taxes and distribute what is left to the beneficiaries. (2 marks)
(d) Various testators consolidate whole or parts of their estates into a single economic unit for the
purposes of testamentary disposition. (2 marks)
(e) This takes place when any benefit received by a descendant from the testator during the latter’s
lifetime, is taken into account upon division of the estate in order for a fair distribution to take place.
(2 marks)

(a) Disinheriting
(b) Specific Legacy
(c) Executor
(d) Universal Succession
(e) Collation

Question 3 Distribute the estate of a Rehoboth Baster who left the following relatives: 3.1 A
surviving spouse married in community of property, a mother and two stepdaughters. Balance for
distribution is N$ 350 000. 3.2 Both parents and a brother. Balance is N$ 100 000.

To distribute the estate of a Rehoboth Baster who left specific relatives and a balance for
distribution, we will follow the rules outlined in the Administration of Estates (Rehoboth Gebiet)
Proclamation 36 of 1941. Here's how the estate would be distributed:
3.1: A surviving spouse married in community of property, a mother, and two stepdaughters
(Balance: N$ 350,000)
1. Surviving Spouse: The surviving spouse, who was married in community of property, is
entitled to their share, which is half of the estate. So, the surviving spouse receives
N$175,000.
2. Mother: The mother is entitled to a share equal to that of the surviving spouse since there
are no descendants involved. So, the mother receives N$175,000.
3. Stepdaughters: In the absence of descendants from the deceased, the stepdaughters are
not entitled to inherit under the specific Proclamation. Therefore, they do not receive a
share of the estate.
3.2: Both parents and a brother (Balance: N$ 100,000)
1. Both Parents: When there are both parents and no descendants, the parents are entitled to
the entire estate. So, each parent receives an equal share of the estate, which is N$50,000
each.
2. Brother: In this case, the brother does not have a specific legal claim to the estate under the
Proclamation. The parents are the primary beneficiaries.
In these scenarios, the distribution is in accordance with the Administration of Estates (Rehoboth
Gebiet) Proclamation 36 of 1941, taking into account the specific relationships and legal provisions
for succession in Rehoboth.
Distribute the following estates in terms of the Intestate Succession Ordinance 12 of 1946: 3.3 The
deceased leaves no spouse, no descendants, but a half- brother and a sister. Balance of distribution
is N$ 400 000-00 3.4 The deceased was survived by a spouse to whom he was married to in
community of property, no children but has left both parents. Balance of distribution is N$ 250 000-
00 [20 marks]

To distribute the specified estates in accordance with the Intestate Succession Ordinance 12 of 1946,
let's follow the rules outlined in the ordinance for each scenario:
3.3: The deceased leaves no spouse, no descendants, but a half-brother and a sister (Balance:
N$400,000)
Since there are no surviving spouse or descendants:
1. Half-Brother and Sister: According to the Intestate Succession Ordinance, when there are no
surviving spouse or descendants, the estate will be distributed to the nearest blood
relatives. In this case, the half-brother and sister are the closest relatives.
 The half-brother and sister are of equal degree of kindred (both siblings), so they will
share the estate equally.
 Each of the half-brother and sister will receive N$200,000.
3.4: The deceased was survived by a spouse married in community of property, no children, but
both parents (Balance: N$250,000)
Since there are no children:
1. Surviving Spouse: The surviving spouse, who was married in community of property, is
entitled to half of the estate. So, the surviving spouse will receive N$125,000.
2. Both Parents: In the absence of children, the parents are entitled to inherit the remaining
half of the estate, with each parent receiving an equal share.
 Each parent will receive N$62,500.
These distributions align with the Intestate Succession Ordinance 12 of 1946, taking into account the
specific family circumstances and legal provisions for inheritance.