Ineligibility to benefit under a will.
Introduction Many people assume that being nominated in a will guarantees their right to...
Introduction Many people assume that being nominated in a will guarantees their right to...
Introduction
Many people assume that being nominated in a will guarantees their right to inherit. However, this is not always the case. In South African law, there are specific circumstances under which a nominated heir can be disqualified from benefitting under a will.
This month’s blog explores the key situations where a person may be rendered ineligible to inherit, despite being nominated in a valid will. We’ll briefly outline the most prominent grounds for disqualification and what they mean in practice.
The grounds for disqualification
A person who signs a will as a witness may not benefit under such will. It’s also important to note that the disqualification extends to the witness’s spouse, meaning that if you are married to someone who witnessed the will, you too will be ineligible to inherit under such will.
If a person writes out a will in their own handwriting on behalf of someone else (for example, they are helping an elderly relative or friend), they are disqualified from inheriting under that will. The disqualification also applies to the drafter’s spouse, who will likewise be ineligible to benefit under the will.
If a person passes away within three months of their divorce, and their former spouse is named as an heir in their will, that ex-spouse will be disqualified from inheriting. This three-month window is considered a grace period during which the testator is expected to amend their will.
This is a well-established principle in South African succession law: a person who unlawfully causes the death of the testator will be disqualified from inheriting under the will. This applies to both testate and intestate beneficiaries.
What this means in practice
As is clear from the above, any of the individuals mentioned will not be eligible to benefit under a will. Importantly, this ineligibility extends beyond merely inheriting assets, it also includes being disqualified from acting as an executor, trustee, or even as a guardian.
Conclusion
At Van Heerden Attorneys, we understand how important it is to protect your wishes and ensure that your beneficiaries receive what you intend. We guide you through the signing of your last will and testament to prevent any of your heirs from being disqualified due to technical reasons. Contact us today to have your will carefully drafted and your legacy securely preserved.
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