Chapter 7 - Capacity to Inherit

Question 1

Who is capable of inheriting?

Answer 1

A natural person, irrespective of age, mental or legal standing has capacity to inherit

Question 2

Tutor

Answer 2

Is a third person appointed in a will by a natural parent or parents where such a parent or parents, who would ordinarily act as the minor’s guardian, is or are unavailable, for whatever reason, to act as a guardian.

Question 3

Persons disqualified from inheriting

Answer 3

A person may not benefit from his or her own wrongdoing. A beneficiary responsible for the death of the deceased or the coniunictissimi of the deceased is precluded from inheriting either estate or intestate from the deceased.

Question 4

Indignus

Answer 4

An indignus is a beneficiary precluded from inheriting because of his or her unworthy conduct.

Question 5

Persons involved in the execution process

Answer 5

In terms of section 4A of the Wills Act, a beneficiary may not benefit from a will if he or she was involved in the execution of that will. it also provides that any person who signs a will as a witness or as an amanuensis or anyone who writes put the will or any part thereof in his own handwriting, and the person who is the spouse of such a person at the time of the execution of the will, shall be disqualified from receiving any benefit from that will.