Who Can Benefit Under a Will?

A will is a legal document that allows an individual (the testator) to distribute their estate as they see fit upon their passing. However, while a testator generally has the freedom to allocate their assets as desired, certain individuals are legally disqualified from benefitting under a will. The following outlines who cannot inherit under a will and the reasons behind these restrictions.

1. Murderers of the Testator

A fundamental legal principle states that a person who has murdered the testator cannot inherit from their estate. This principle, often expressed by the Latin maxim ‘de bloedigehand neemt geen erf’ (the bloody hand does not inherit), has been part of common law since Roman times. This rule serves to prevent individuals from benefiting from their criminal actions.

2. Individuals Who Use Fraud or Duress

Any person who coerces, manipulates, or forces a testator into changing their will through fraud or duress is disqualified from inheriting under the will. This measure protects the integrity of the testamentary process and ensures that the testator’s true intentions are honored.

3. Marriage Without Parental Consent

If a person marries a minor without obtaining the consent of the minor’s parent or guardian, they are disqualified from benefitting under that minor’s will. This disqualification applies even if:

• The minor later reaches the age of majority and reaffirms the will.
• The parent or guardian provides consent after the marriage has taken place. This provision aims to prevent undue influence and protect minors from exploitative relationships.

4. Individuals Drafting the Will

A person (or their spouse) who drafts a will on behalf of a testator cannot benefit from the will unless the testator explicitly confirms the bequest. This rule helps to prevent conflicts of interest and ensures that the drafting of the will remains impartial.

5. Witnesses and Their Spouses

Any witness to a will, along with their spouse, is barred from inheriting under that will. Furthermore, they cannot be nominated as the executor of the estate. This rule is in place to prevent potential bias or undue influence during the signing and witnessing process.

While a testator has significant control over the distribution of their estate, legal safeguards exist to prevent undue influence, fraud, and conflicts of interest. By understanding these restrictions, individuals can ensure their wills remain valid and enforceable while upholding the principles of fairness and justice.

For more information, contact info@smutsco.co.za.