Our expert says:
Family law expert
Where a deceased survived by a spouse/s as well as a descendant/s. The spouse or spouses inherit the greater of R125 000,00 per spouse or a child’s share, and the children the balance of the estate. A child share is determined by dividing the intestate estate through the number of surviving children of the deceased and deceased children who have left issue, plus the number of surviving spouses.
In case of a marriage in community of property, one half of the estate belongs to the surviving spouse and, although it forms part of the joint estate, will not devolve according to the rules of intestate succession.
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross
O: +27 (0) 21 422 1323
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