HiI'm having some trouble understanding ...

Asked by Anonymous on 14-04-2021 11:23:09
Question posted in the Property Law category relating to KwaZulu-Natal


I'm having some trouble understanding the Intestate Estate act. Our situation is as follows:

-Grandfather has passed away (OWNER to the Estate - with no surviving spouse).

-Grandfather had 4 children (Child1, Child2, Child3, & Child4)

-Child1 is the only child still alive.

-Child2 & Child3 had passed away before the grandfather did. While Child4 had passed away shortly after the grandfather (but before receiving any share of their inheritance).

-From all the deceased children, Child2 was the only one who had a child of their own (Granddaughter2).

-Child3 & Child4 have no spouses, and no children.

My Questions are as follows:

The only two descendants still alive in the above situation, is Child1 & Granddaughter2 (daughter to Child2). Between these two descendants, how would the Estate be shared if it were shared by Intestate Succession?

If a Last Will & Testament for the Grandfather does exist, and he wanted the Estate split equally between Child1, Child3, and Child4 (leaving out Child2 – Mother to Granddaughter2), would Granddaughter2 be entitled to any shares from Child3 & Child4 (i.e. her aunty and uncle)?

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