2.1 A will not be able to inherit the house. This is because under the general rule of law, a person who commits murder or unlawfully kills the testator is disqualified from benefiting from the testator's will.
2.2 The exception that will be applicable to A's position is the "Common Law Forfeiture Rule." This rule states that a person who unlawfully kills the testator is deemed to have predeceased the testator, and consequently, they are disqualified from inheriting any property or benefitting under the testator's will.
2.3 D will not be able to inherit from testator T. This is because she committed the murder to unlawfully kill the testator, and as a result, she is disqualified from benefiting under the testator's will. The "Slayer Statute" or "Forfeiture Act" prevents a person who causes the death of the testator from inheriting.
Reasons for this disqualification include public policy concerns, as it would be morally wrong to allow a person who committed murder to profit from their crime. Additionally, it ensures that the testator's intentions are respected and that the estate is distributed in accordance with their wishes.
2.4 If D is disqualified from inheriting, the bequest made to D in T's will will fail. This means that D will not receive any share of the residue of the estate as specified in the will. Instead, the residue will be distributed according to the applicable laws of intestacy, which may result in the granddaughter E inheriting all or part of the residue.
Testator T bequeathed her house to her friend A and the residue of her estate to her daughter, D in her will that was drafted and executed on 01 October 2023. A and B (B is also a friend of the testator) signed the will as the two witnesses to the will. Daughter D was so angry that her mother bequeathed the house to A, that she murdered her mother (testator T). Testator T is survived by her daughter D and granddaughter E (the child of daughter D). In respect of this set of facts:
2.1 Will A be able to inherit the house? Explain your answer. (4)
2.2 With reference to your answer to 2.1 above, ONLY indicate the ONE exception that will be applicable to A’s position. (Note: You do not need to indicate the exceptions that are not applicable, nor do you need to provide reasons why the other exceptions will not be applicable to A’s position). (2)
2.3 Advise D on whether she will be able to inherit from testator T. Provide reasons for your answer. (5)
2.4 If D will not be able to inherit from testator T, indicate what will happen to the bequest made to D in T’s will. (5)
1 answer
2 answers