2.1 Will A be able to inherit the house?
No, A will not be able to inherit the house. In order for a beneficiary to inherit property under a will, the testator must die before the beneficiary. Here, the testator T was murdered by her daughter D, which means that D survived the testator. Therefore, A, as the bequeathed beneficiary, cannot inherit the house.
2.2 The applicable exception to A's position would be the Slayer Rule.
The Slayer Rule states that a person who unlawfully takes the life of another person cannot receive any benefits from the estate of the deceased. Since D murdered testator T, A, who is a friend of the testator, would not be able to inherit the house due to the Slayer Rule.
2.3 D will not be able to inherit from testator T.
Under the law, a person who kills someone cannot benefit from their estate. In this case, D murdered her own mother, testator T. Therefore, D will be disqualified from inheriting any part of the estate, including the residue left to her in the will.
2.4 The bequest made to D in T's will will fail.
Since D is disqualified from inheriting from the estate of testator T due to her act of murder, the bequest made to D in the will will fail. This means that the residue of the estate will not pass to D as originally intended by the testator. Instead, it will be subject to alternative distribution or intestacy laws, depending on the jurisdiction.
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 D 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)
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