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)
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.
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 facts provided, A is named as a friend of the testator T and is not a family member. In most jurisdictions, friends are not considered eligible heirs unless they have been specifically named in the will. In this case, the house was bequeathed to A by the testator T, and since A was named, they will be able to inherit 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. (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)
There is no exception applicable to A's position since they were specifically named as the recipient of the house in the will.
2.3 Advise D on whether she will be able to inherit from testator T. Provide reasons for your answer. (5)
No, D will not be able to inherit from testator T. The facts state that D murdered her mother, testator T. In most jurisdictions, a person who unlawfully kills the testator is disqualified from inheriting under the principle known as the "slayer rule" or the "forfeiture rule." This rule prevents a person who has intentionally caused the death of the testator from benefiting from their estate. Therefore, D will be disqualified from inheriting from testator T due to her actions.
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 from testator T due to her actions, the bequest made to D in T's will will generally fail. In most jurisdictions, when a beneficiary is disqualified by the slayer rule, their share of the estate will be treated as if they had predeceased the testator. In this case, the residue of the estate that was bequeathed to D will likely be distributed according to the alternate provisions in the will, such as being distributed to other heirs or to other contingent beneficiaries named in the will. If there are no alternate provisions in the will, the residue of the estate may be distributed based on the laws of intestacy.
2.1 Will A be able to inherit the house? Explain your answer.
To answer this question, we need to consider the legal requirements for a valid will and the potential consequences of D's actions.
In most jurisdictions, for a will to be valid, it usually requires the testator to be of sound mind, the will to be in writing, and the will to be witnessed by two competent witnesses. In this case, Testator T's will was drafted and executed on 01 October 2023, and both A and B signed the will as witnesses. Therefore, it appears that the will meets the basic requirements for validity.
However, the fact that Testator T was murdered by her daughter D raises the issue of felony murder rule or slayer rule. Under this rule, a person who unlawfully causes the death of another person is generally disqualified from inheriting any property or benefits from the deceased person's estate.
Therefore, the question of whether A will be able to inherit the house depends on whether the jurisdiction applies the slayer rule and if it deems A to be disqualified from inheriting due to the circumstances surrounding Testator T's death. If the slayer rule is applicable and A is not disqualified, then A will be able to inherit 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.
If A is able to inherit the house despite the slayer rule, the possible exception that may apply to A's position is if the jurisdiction has a "clean hands" exception. The clean hands exception allows a person who would otherwise be disqualified under the slayer rule to inherit if they can demonstrate that they were not responsible for the death of the testator.
2.3 Advise D on whether she will be able to inherit from testator T. Provide reasons for your answer.
Based on the circumstances described, it is unlikely that D will be able to inherit from Testator T. The slayer rule disqualifies individuals who unlawfully cause the death of a person from inheriting from the deceased person's estate.
In this case, D murdered her mother, the testator T. Murder is a criminal act and considered an unlawful cause of death. Therefore, it is highly probable that D will be disqualified from inheriting from Testator T's estate.
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.
If D is disqualified from inheriting from Testator T's estate due to her unlawful actions, the bequest made to D in T's will will typically fail. The specific outcome will depend on the applicable laws of intestacy or the alternate provisions in Testator T's will.
In most jurisdictions, if a beneficiary is disqualified or fails to inherit, the assets or property will usually pass to the alternate beneficiaries or, if no alternate beneficiaries are named, the residuary beneficiaries of the will. In this case, since the residue of Testator T's estate was bequeathed to daughter D, it is likely that the residue will be redistributed according to the alternate provisions in the will or the laws of intestacy if there are no alternate provisions provided.