Intestate Succession Revision Quiz

What is the primary legislation governing intestate succession in South Africa?

• Wills Act 7 of 1953

• Children's Act 38 of 2005

• Intestate Succession Act 81 of 1987

• Administration of Estates Act 66 of 1965

Who can inherit under intestate succession?

• Only the spouse of the deceased

• Only biological children of the deceased

• Natural persons related to the deceased by blood, adoption, or marriage

• Only the executor of the estate

Which of the following is true regarding adopted children and intestate succession?

• They inherit only from their adoptive parents, not biological parents

• They inherit from both biological and adoptive parents

• They cannot inherit at all

• They only inherit if specified in a will

In community of property marriages, how is the estate divided upon the death of one spouse?

• The entire estate goes to the surviving spouse

• The estate is divided equally between the surviving spouse and children

• The joint estate is first divided, and the deceased’s half is inherited according to intestate succession rules

• The estate is frozen until all debts are paid

What happens if a child of the deceased dies before the deceased but has surviving descendants?

• The child’s share is forfeited

• The child’s descendants inherit the deceased child’s share through representation

• The share is redistributed among remaining heirs

• The government claims the share

What is the minimum amount a surviving spouse inherits under intestate succession?

• R100,000

• R250,000 or a child’s portion, whichever is greater

• R500,000

• Entire estate if no children exist

Which of the following individuals is not eligible to inherit under intestate succession?

• The surviving spouse

• Illegitimate children

• A business entity

• The deceased’s siblings

What is the nasciturus doctrine in succession law?

• A principle that protects unborn children’s inheritance rights if they are born alive

• A rule that grants priority to firstborn children

• A doctrine that allows the state to inherit an unclaimed estate

• A legal fiction that denies inheritance to minors

Which Act governs surrogacy agreements and inheritance rights of children born from surrogacy?

• Wills Act

• Marriage Act

• Children's Act

• Administration of Estates Act

If a deceased person leaves behind a spouse and children, who inherits first under intestate succession?

• The government

• The spouse, but only if there are no children

• The spouse and children, with the spouse receiving either R250,000 or a child’s share, whichever is greater

• The eldest child only