Heir After Heir

What is the meaning of the phrase 'heir after heir'?

This is the order in which the testator arranges it so that the second beneficiary gets his/her share after the first.

What conditions need to exist so that the second heirgets his share after the first?

The second will inherit if the first times or if the condition set or the time comes for him/her to do so, as set by the testator.

Can the first heir make a will which will take away the second's rights?

No! He/she is not entitled to do so, and if he/she does despite this, then those instructions will be cancelled.

Is the first heir restricted as regards the property he received from the testator?

No! He/she can do what he/she wishes with the inheritance and the second heir will have to suffice with what remains.

Can the first heir give an item of property he receives, and which the testator intended to go to the second heir later on, as a present to a third party?

Yes! The first heir is free to do what he/she wishes with the inheritance, including giving all or some of it away as a gift.

Can the testator lay down in his will that the first heir only has use of the property , but that the second heir shall actually receive ownership of it for himself?

Yes , in which case the first heir cannot act freely with the property as if it were his own.

Is the second heir entitled to receive a property which was bought with the proceeds of the sale of a property which the first heir received?

Yes! The second heir is entitled to the replacement property.

Is the second heir entitled to his part of the estate even when the first heir acquired new property with his own money and from money gained from the sale of property he inherited?

Yes . The rights of the second heir also apply to "mixed property" , assuming it is possible to identify the part bought from money deriving from the inheritance.

What happens if the will says the second heir is to inherit, but he is not yet born or is born 300 days after the testator's death?

In these circumstances the second heir will inherit even if he was not alive when the testator died.

Can the testator give instructions in his will concerning "heir after heir" that involves more than two people?

No! If he does so this instruction is cancelled.

If the law prohibits a testator from bequeathing to more than two people , one after the other, is there any way of ensuring that an estate will be divided amongst one's descendants for

generations to come?

Yes! A testator can bequeath his estate to an association , thus making it possible for a large number of "heirs after heirs" to enjoy estate property .

Is there another way of by-passing the restriction limiting 'heir after heir' to only two people?

Yes – by way of setting up a trust fund.

Can the first heir rent out real estate property inherited?

Yes – the first heir is not limited as to what he can do with the property, apart from drafting a will taking away the second heir's rights.

Is it possible to do anything to prevent the first heir from selling property when his aim is purely to deprive the second heir of his rights?

Where the sole aim of the first heir is to cause harm to the second heir's rights, it is possible to try and prevent the sale based on his lack of good faith.

Is the second heir actually the heir of the first – or the heir of the testator?

The second heir is the testator's heir event though he only inherits upon the death of the first heir, or under certain conditions.

Will the second heir be entitled to inherit if he lacked capacity to do so at the time the deceased died?

Yes – if he lacked capacity to inherit when he is due to do so, even if he lacked this capacity when the testator died.

Can the second heir enter a business transaction involving property he is due to inherit when the first heir dies?

Yes! A future business deal is possible even though the first heir is alive.

Can the creditors of the first heir recover debts he owes them from property he receives , even though the 'heir after heir' mechanism was used in the deceased's will?

Yes!

What happens if the second heir dies before gaining the inheritance?

The instruction relating to his inheritance under the will is cancelled.

If the second heir is disqualified from inheriting, what will happen?

In this situation, the instruction in his favour will be cancelled, and he will not inherit anything.

What will happen if the second heir relinquishes his inheritance?

The instruction in his favour will be cancelled and he will inherit nothing.

Can a testator change the conditions for the 'heir after heir' mechanism set in the Inheritance Law of 1965 , and provide, for example, that the second heir will only inherit if the first heir gets divorced, instead of dying?

Yes – the testator is entitled to override the provisions of the act , and create different conditions under which the second heir will inherit.

Can a testator make an instruction in his will allowing the first heir to make his own will bequeathing what he inherits as he wishes – rather than having the second heir inherit after his death?

Yes! A testator can digress from the Inheritance Law of 1965 , which prohibit the first heir from depriving the second of his rights, where the mechanism of 'heir after heir' is employed, and permit him to make his own will, should he wish to do so.