Ayanda and cele were married in community of property in 1999 and a son, dan was born in 2001 from this marriage. ayanda and cele were divorced later in 2001. ayanda then married ben out of community of property in 2003. three children were born from their marriage, namely xandi, yvette and zoya. xandi had a child, mary. in 2004, ayanda and ben made a mutual will in which they bequeathed their entire estates to each other. on 1 april 2022, ayanda and ben were divorced and on 1 may 2022, ayanda again married her childhood sweetheart, cele. this second marriage to cele was again in community of property. the couple’s child, dan, died in 2020 but left four children, junior, eve, fiona and siya. in addition, cele also has a child from a previous marriage with wendy, namely gerald. ayanda died on 21 may 2022. ayanda and cele’s joint estate is worth r3 000 000. explain how the estate will be divided after ayanda’s death and give reasons for your answer.
Question: Ayanda and cele were married in community of property in 1999 and a son, dan was born in 2001 from this marriage. ayanda and cele were divorced later in 2001. ayanda then married ben out of community of property in 2003. three children were born from their marriage, namely xandi, yvette and zoya. xandi had a child, mary. in 2004, ayanda and ben made a mutual will in which they bequeathed their entire estates to each other. on 1 april 2022, ayanda and ben were divorced and on 1 may 2022, ayanda again married her childhood sweetheart, cele. this second marriage to cele was again in community of property. the couple’s child, dan, died in 2020 but left four children, junior, eve, fiona and siya. in addition, cele also has a child from a previous marriage with wendy, namely gerald. ayanda died on 21 may 2022. ayanda and cele’s joint estate is worth r3 000 000. explain how the estate will be divided after ayanda’s death and give reasons for your answer.
The following is a possible answer to the question of how Ayanda's estate will be divided after her death:
According to the Wills Act, a mutual will is not automatically revoked by a divorce, unless the will expressly states otherwise. Therefore, Ayanda and Ben's mutual will is still valid and binding, unless they made new wills after their divorce. Assuming that they did not make new wills, Ayanda's entire estate will go to Ben, as per the mutual will. This means that Cele, who married Ayanda in community of property for the second time, will not inherit anything from Ayanda's estate, nor will any of Ayanda's children or grandchildren. This may seem unfair, but it is the legal consequence of making a mutual will and not revoking it after a divorce. However, if Ayanda and Ben did make new wills after their divorce, or if their mutual will had a clause that revoked it in case of divorce, then Ayanda's estate will be divided according to her new will or the rules of intestate succession. In that case, Cele will inherit half of Ayanda's estate as her spouse in community of property, and the other half will be divided among Ayanda's descendants according to the rules of representation. This means that Xandi, Yvette and Zoya will each inherit one-sixth of Ayanda's estate, and Mary will inherit one-twelfth. Dan's four children, Junior, Eve, Fiona and Siya, will each inherit one-twenty-fourth of Ayanda's estate, as they represent their deceased father. Gerald and Wendy will not inherit anything from Ayanda's estate, as they are not related to her by blood or marriage.
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