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Which of the following persons cannot inherit from a deceased person in terms of intestate succession law?

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Answer

Under intestate succession law, inheritance typically passes to natural persons who are blood relatives, adopted children, or spouses of the deceased.

Let's analyze each option:

  • [1] A prodigal: A prodigal is a natural person who is reckless with their money. Their financial habits do not disqualify them from inheriting.
  • [2] The child of the deceased born outside of a valid marriage: In modern intestate succession law (e.g., in South Africa, where this question likely originates), children born outside of a valid marriage have the same inheritance rights as children born within a marriage.
  • [3] An unborn child, if he or she is born alive after the death of the deceased: This refers to the nasciturus fiction. An unborn child can inherit if it was conceived before the deceased's death and is subsequently born alive.
  • [4] A juristic person, such as the SPCA: A juristic person is a legal entity (like a company, trust, or association) that is not a natural person. Intestate succession law is designed to distribute assets to natural persons based on familial relationships. Juristic persons cannot inherit under intestate succession, although they can be beneficiaries in a will (testate succession).

Therefore, a juristic person cannot inherit under intestate succession law.

The correct option is [4].
A juristic person, such as the SPCA.

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