1.
(1)The surviving spouse of every person who after the commencement of this Ordinance dies either wholly or partly intestate, is hereby declared to be an intestate heir of the deceased spouse according to the following rules:-(a)if the spouses were married in community of property and if the deceased spouse leaves any descendant who is entitled to succeed ab intestato, the surviving spouse shall succeed to the extent of a child’s share or to so much as together with the surviving spouse’s share in the joint estate, does not exceed fifty thousand rand in value (whichever is the greater);(b)if the spouses were married out of community of property and if the deceased spouse leaves any descendant who is entitled to succeed ab intestato, the surviving spouse shall succeed to the extent of a child’s share or to so much as does no exceed fifty thousand rand in value (whichever is the greater);(c)if the spouses were married either in or out of community of property, and the deceased spouse leaves no descendant who is entitled to succeed ab intestato, but leaves a parent or a brother or a sister (whether of the full or half blood) who is entitled so to succeed, the surviving spouse shall succeed to the extent of a half share or to so much as does not exceed fifty thousand rand in value (whichever is the greater);(d)in any case not covered by paragraph (a), (b), or (c) the surviving spouse shall be the sole intestate heir.(2)For the purposes of this Ordinance any relationship by adoption under the provisions of the Adoption of Children Ordinance, 1927 (Ordinance No. 10 of 1927), shall be equivalent to blood relationship.2.
This Ordinance may be cited as the Intestate Succession Ordinance, 1946.