Answer to Question #217854 in Law for James

Question #217854


4 Testator Xolisa provided as follows in his will: 

“I leave my yacht to my two sons, Bongani and Andile.” 

After his death, Xolisa’s only surviving relatives were his son Andile, his daughter Denise and his grandson Gavin. Gavin was the son of Bongani, who died before the testator. 

Who inherited Xolisa’s yacht? 

[1] Andile, because Bongani and Andile were joined re et verbis and therefore Bongani’s share accrued to Andile. 

[2] Andile and Gavin, since Gavin substituted Bongani ex lege in terms of section 2C(2) of the Wills Act 7 of 1953. 

[3] Andile and Denise, since Denise inherited in place of her predeceased brother. 

[4] Andile, Denise and Gavin, since they were the intestate heirs.  

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