key to the study guide - Name

132
ACTIVITY
Mr and Mrs X were married out of community of property on 1 January
1991. They did not expressly exclude the accrual system from their
marriage. At the time of the conclusion of the marriage Mr X's liabilities
exceeded his assets while Mrs X had R15 000 in cash. Mr X dies five years
after entering into the marriage.
Mr X's net estate at the time of his death is worth R100 000 and consists
of the following:
. R5 000 which he received as satisfaction for pain and suffering after
being in a motor-vehicle accident
. R6 000 which he received as compensation for the loss of income he
sustained while he was in hospital after the accident
. R14 000 which he received as compensation for the damages caused to
his motor vehicle during the accident
. R25 000 which he received as a donation from his mother
. R50 000 which he earned on his own as an attorney
Mrs X's net estate at the time of Mr X's death is worth R90 000 and
includes the following:
. a painting worth R5 000 which she excluded from the accrual in the
antenuptial contract
. R10 000 which she inherited intestate from her father
. a ring to the value of R4 000 which Mr X gave to her on their first
wedding anniversary
. R1 000 in cash which she received for a watch she had sold to her
sister. Mrs X had inherited the watch from her grandmother a few
years before
Suppose that during the subsistence of the marriage, money depreciated to
such an extent that, in terms of the consumer price index, R2,00 has the
same value as R1,00 at the beginning of the marriage. Indicate, by doing
the necessary calculations, whether Mrs X has any claim against Mr X's
estate. Discuss your answer by substantiating your calculations.
FEEDBACK
Before you started doing any calculations you should have indicated that
the accrual system automatically applies to all marriages out of
community of property and community of profit and loss, which are
concluded on or after 1 November 1984 (or on or after 2 December 1988
in respect of civil marriages concluded by black persons). If the spouses do
not want the accrual system to apply, they have to exclude it expressly.