This is an example of a standard calculation at the death of the first-dying:
Note: The Matrimonial Property Act 88 of 1984 is
applicable to
(a) every marriage out
of community of property entered into on or after 1 November 1984 in terms of a
antenuptial contract by which the accrual system is included or excluded; and
(b) spouses married
before 1 November 1984 out of community of property by antenuptial contract and
before 1 November 1986 executed and registered a notarial contract applying the
accrual system to their marriage in the deeds registry.
The following assets are not considered in determining
their respective accruals (are not included in the nett value of estate assets in this
example):
1. Any asset excluded
from the accrual system under the antenuptial contract as well as any other
asset which the spouse acquired by virtue of his/her possession or former
possession of such asset.
2. An inheritance, legacy
or donation which accrues to a spouse during the subsistence of the marriage, except
in so far as the spouses may agree otherwise in their antenuptial contract or
in so far as the testator/trix or donor may stipulate otherwise, as well as any
other asset which has been acquired by the spouse by virtue of his/her
possession or former possession of the inheritance, legacy or donation.
3. Any donation between
the spouses is not considered in either estate.
4. Any amount which
accrued to a spouse by way of damages (e.g. slander), other than damages for
patrimonial loss.
Example:
At the commencement of
the marriage, A declared R 100,000 and B nil in their antenuptial contract. At
the dissolution of the marriage on A’s death the respective net market values
of their estates assets are A R 3,000,000 and B R 100,000. At the date of the
marriage the official Consumer Price Index was 120 and at A’s death it is 300:
Example 1:
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A's estate:
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Net value (assets minus admin costs and
liabilities) at death
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3,000,000.00
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Less: Net value declared at commencement of
marriage
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100,000.00
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Adjusted for Consumer Price Index 300 X 100,000 ÷ 120
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250,000.00
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Net value of accrual (a)
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2,750,000.00
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B's estate:
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Net value (assets minus liabilities) at death of
A
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100,000.00
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Less: Net value declared at commencement of
marriage
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nil
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-
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Net value of accrual (b)
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100,000.00
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Difference between accruals: (a) 2,750,00 less
(b) 100,000
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2,650,000.00
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B is entitled to claim one-half thereof from the
estate of A
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1,325,000.00
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