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)
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.
2.1 Will A be able to inherit the house? Explain your answer. (4)
No, A will not be able to inherit the house. According to the given facts, A witnessed the will in which he was named as the beneficiary of the house. However, A's participation in the murder of the testator, T, would disqualify him from inheriting under the doctrine of forfeiture. The doctrine of forfeiture states that a person who unlawfully causes the death of the testator forfeits their rights to any benefits they were entitled to receive under the will. In this case, A's involvement in the murder of T would prevent him from inheriting the house.
2.2 With reference to your answer to 2.1 above, ONLY indicate the ONE exception that will be applicable to A’s position. (2)
The exception that will be applicable to A's position is if the jurisdiction follows the "slayer statute" or "unlawful act" doctrine. Under this exception, if A is convicted of murder or any unlawful act causing the death of the testator, he would be disqualified from inheriting the house. The slayer statute or unlawful act doctrine ensures that a person who causes the death of the testator cannot benefit from their crimes.
2.3 Advise D on whether she will be able to inherit from testator T. Provide reasons for your answer. (5)
D will most likely not be able to inherit from testator T. The general rule of law is that a person cannot inherit from someone they have unlawfully killed. In this case, considering D's involvement in murdering her mother, testator T, she would be disqualified from inheriting under the doctrine of forfeiture. The doctrine prohibits individuals who unlawfully cause the death of the testator from benefitting from their crimes.
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)
If D is disqualified from inheriting, the bequest made to her in T's will would fail. The house and the residue of T's estate would then follow the rules of intestacy or alternate provisions set out in the will, if any exist. Depending on the jurisdiction and any alternate provisions in the will, the house may go to a different beneficiary or be distributed according to the laws of intestacy.
2.1 In order for A to inherit the house bequeathed to him by testator T, the will must be valid and executed according to the legal requirements. In this case, the will was drafted and executed on 01 October 2023, which suggests that it meets the formalities required for a valid will. However, the validity of the will can also be assessed based on other factors, such as the presence of witnesses.
Here, it is stated that A and B signed the will as witnesses. The presence of witnesses is typically required for a will to be deemed valid. However, one potential issue is that A is also a beneficiary of the will, which may raise concerns of a conflict of interest. Some jurisdictions have rules that prohibit a witness who is also a beneficiary from receiving any benefits under the will. This is done to ensure the integrity of the will and to prevent any undue influence or fraud.
To determine whether A will be able to inherit the house, it is necessary to consult the specific laws and rules of the jurisdiction where the will was executed. The applicable laws will determine whether A's position as a witness and beneficiary would invalidate the bequest of the house to him.
2.2 The exception that may be applicable to A's position is the rule that prohibits a witness who is also a beneficiary from receiving any benefits under the will. This exception would apply if the jurisdiction where the will was executed has such a rule in place.
2.3 In order for D to be able to inherit from testator T, she must be eligible as a legal heir and there must be no legal obstacles preventing her from inheriting. The act of murdering testator T raises a serious legal issue as it constitutes a criminal offense. Depending on the jurisdiction, a person who unlawfully causes the death of the testator may be disqualified from inheriting from the testator's estate. This is typically known as the "slayer rule" or "forfeiture rule."
The applicability of the slayer rule or forfeiture rule depends on the specific laws of the jurisdiction. If the jurisdiction has a slayer rule in place, the rule would prevent D, as the murderer of testator T, from inheriting from the estate. This is done to prevent a person who unlawfully caused the death of the testator from profiting from their crime.
2.4 If D is disqualified from inheriting from testator T's estate due to the application of the slayer rule or forfeiture rule, the bequest made to D in T's will would fail. This means that D would not receive the residue of the estate as bequeathed to her in the will. The specific consequences and distribution of the estate would depend on the laws of the jurisdiction governing intestate succession or any alternate beneficiaries named in the will.